Terms and Conditions

Table of Contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in the event of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Continuing transactions: duration, cancellation and renewal

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread out over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur makes available, which a consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract in which, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur having come together in the same space at the same time.
11. Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Eros Supplements & Nutrition;

Bredeweg 39B

2751 GH Moerkapelle

Telephone number: +31857608819

E-mail address: info@bodyandshapestore.nl

Chamber of Commerce (KvK) number: 75576910

VAT identification number: NL860329173B01

Article 3 - Applicability

1. These terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the terms and conditions can be inspected at the entrepreneur's premises and that they will, at the consumer's request, be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will, at the consumer's request, be sent free of charge electronically or otherwise.
4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer may, in the event of conflicting terms and conditions, always invoke the applicable provision that is most favourable to them.
5. If one or more provisions of these terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.
6. Situations that are not regulated in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and amend the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
5. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
6. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the contract will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the contract;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
• whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
• the manner in which the consumer can, before concluding the contract, check and, if desired, correct the data provided by them within the framework of the contract;
• any other languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of a continuing transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set thereby.
2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
4. The entrepreneur may - within legal frameworks - inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, they are entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.
5. The entrepreneur shall send the consumer, with the product or service, the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
• the requirements for cancellation of the contract if the contract has a duration of more than one year or is of indefinite duration.

1. In the event of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
2. Every agreement is concluded under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to be able to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as by e-mail. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in good time, for example by means of a proof of shipment.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not made known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:

1. Upon delivery of services, the consumer has the possibility to dissolve the contract without giving reasons for a period of at least 14 days, commencing on the day of entering into the contract.
2. To exercise their right of withdrawal, the consumer shall be guided by the reasonable and clear instructions provided in this regard by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. The consumer bears the direct costs of returning the product..
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 14 days after withdrawal. The condition here is that the product has already been received back by the web shop retailer or that conclusive proof of complete return can be presented. Refund shall be made using the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for a decrease in value of the product where the entrepreneur has not provided all legally required information about the right of withdrawal; this must take place before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been produced by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that can spoil or age quickly;
• whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
• for single newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the consumer has broken the seal.

1. Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
• the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;
• concerning betting and lotteries.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes as a result of changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

• these are the result of statutory regulations or provisions; or
• the consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.

1. The prices stated in the offer of products or services are inclusive of VAT.
2. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not in any way affect the statutory rights and claims that the consumer can assert against the entrepreneur under the contract.
3. The statutory warranty applies to all products. The duration of the statutory warranty may differ depending on the nature of the product.
4. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery.
5. The warranty does not apply if:

• the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• the unsoundness is wholly or partly the result of regulations that the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur shall exercise the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated about this in paragraph 4 of this article, the company shall execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after they placed the order. The consumer in that case has the right to dissolve the contract without costs. The consumer has no right to contractual compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not give the consumer any right to contractual compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur shall endeavour to make a replacement article available. At the latest upon delivery, it shall be reported in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing transactions: duration, cancellation and renewal

Cancellation

1. The consumer may at any time cancel a contract that has been entered into for an indefinite period and that is aimed at the regular delivery of products (including electricity) or services, with due observance of the cancellation rules agreed for this purpose and a notice period of no more than one month.
2. The consumer may at any time, as at the end of the fixed term, cancel a contract that has been entered into for a fixed period and that is aimed at the regular delivery of products (including electricity) or services, with due observance of the cancellation rules agreed for this purpose and a notice period of no more than one month.
3. The consumer may, with regard to the contracts referred to in the previous paragraphs:

• cancel them at any time and not be limited to cancellation at a specific time or during a specific period;
• cancel them at least in the same manner as they were entered into by them;
• always cancel them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

1. A contract that has been entered into for a fixed period and that is aimed at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
2. In deviation from the previous paragraph, a contract that has been entered into for a fixed period and that is aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can cancel this renewed contract as at the end of the renewal with a notice period of no more than one month.
3. A contract that has been entered into for a fixed period and that is aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract is aimed at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract with a limited duration for the regular delivery, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the expiry of the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may, after one year, cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

1. Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received the confirmation of the contract.
2. The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently well-publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the entrepreneur, fully and clearly described, within 2 months, after the consumer has established the defects.
3. Complaints submitted to the entrepreneur are answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute settlement scheme.
5. In the event of complaints, a consumer must first turn to the entrepreneur. If the web shop is affiliated with WebwinkelKeur and in the case of complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. Should no solution then still be reached, the consumer has the possibility to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding and both the entrepreneur and the consumer consent to this binding ruling. Submitting a dispute to this disputes committee entails costs that must be paid by the consumer to the committee concerned.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur shall, at its choice, either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these terms and conditions relate. Also if the consumer is resident abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.