General terms and conditions
General Terms and Conditions
Article 1. GENERAL
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These general terms and conditions apply to all offers and agreements for the purchase/sale of goods and/or orders and services from LA Nutrition.
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Additions to or deviations from these general terms and conditions must be agreed in writing and apply exclusively to the agreement for which they were made.
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The rights and obligations arising from agreements between LA Nutrition and the other party may not be transferred by the other party to third parties unless with the written consent of LA Nutrition.
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Deviating general terms and conditions, including those of the other party, will not be accepted by LA Nutrition, unless otherwise agreed in writing and confirmed by LA Nutrition.
Article 2: The Offer
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If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
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The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If LA Nutrition uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind LA Nutrition.
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Each offer contains sufficient information so that it is clear to the consumer what rights and obligations are associated with accepting the offer.
Article 3: The Agreement
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The agreement is concluded, subject to the provisions of Article 3.4, at the moment that the consumer accepts the offer and meets the conditions set.
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If the consumer has accepted the offer electronically, LA Nutrition will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
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If the agreement is concluded electronically, LA Nutrition will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, LA Nutrition will take appropriate security measures.
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LA Nutrition may – within legal frameworks – investigate whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If LA Nutrition has well-founded reasons based on this investigation not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
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LA Nutrition will provide the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The visiting address of the LA Nutrition branch where consumers can submit complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about existing after-sales service and guarantees;
- The price including all taxes of the product or service; if applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
Article 4: Prices
- All quotations and prices provided by LA Nutrition are in euros and include VAT and other costs related to the agreement, such as levies.
- Shipping costs are not included in the price unless otherwise stated.
- If, after the conclusion of the agreement, the prices of materials, taxes and/or other price-determining factors change, LA Nutrition is entitled to implement these price changes. Price changes of more than 10% give the other party the right to terminate the relevant agreement, provided that this is done in writing and within seven days after receipt of the relevant notification. Such termination does not give the other party the right to compensation.
- If a stated price is incorrect and the offer is unrealistic, LA Nutrition may decide to charge the correct price. In that case, the customer has 14 days to cancel the purchase, provided that the products have not been used.
Article 5: Payment
- Orders placed via the website can be paid for using the payment methods listed on the site. When paying with a credit card or third-party electronic payment method, the terms and conditions of the card issuer or bank in question apply. Payment by invoice is only possible if expressly agreed and must be made within 14 days of the invoice date.
- After the payment term has expired, the other party is automatically in default, without any notice of default being required.
- Without prejudice to its other rights, LA Nutrition is entitled to charge statutory (commercial) interest on the outstanding amount, to be calculated from the relevant due date.
- All extrajudicial and judicial costs incurred by LA Nutrition in the context of a dispute with the other party shall be borne by the other party.
- Incoming payments are used to settle the oldest outstanding items, including interest and costs, even if the other party indicates otherwise.
Article 6: Right of withdrawal
- When purchasing products, the consumer has the option to cancel the agreement without giving any reason within a reflection period of 14 days.
- The consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product.
- The consumer must return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging.
- The consumer bears the direct costs of returning the product, unless LA Nutrition has indicated otherwise.
Article 7: Liability
- LA Nutrition shall not be liable for any damages resulting from any failure to fulfil its obligation(s) towards the other party, except in the event of intent or gross negligence.
- LA Nutrition is also not liable for the actions of (non-managerial) subordinates or others it has engaged in the context of the performance of the agreement.
Article 8: Privacy
- By entering into the Agreement and agreeing to these Terms and Conditions, you agree to our Privacy Policy, which can be found on our website.
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