General Terms

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 case 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 - Duration transactions: duration, termination and extension

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:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;

Day: calendar day;

Duration transaction: a distance agreement relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur having met simultaneously in the same room.

Article 2 - Identity of the entrepreneur

Company name: NovusVita BV

Email address: info@sportsresearch.nl

Chamber of Commerce (KvK) number: 34377008

VAT number: NL821878116B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

Article 4 - The offer

1. The period of validity is stated on the packaging.
2. The offer contains a complete and accurate description of the products offered. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the agreement;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
• any other languages in which, in addition to Dutch, the agreement can be concluded.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur can - within legal frameworks - inform themselves 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 agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or application, or to attach special conditions to the execution, while providing reasons.
5. The entrepreneur will send the following information along with the product to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the entrepreneur's business location where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information on warranties and existing after-sales service;

d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement;

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 4 working days. This cooling-off period starts 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 will handle the product and packaging with care. They will only unpack the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all delivered accessories and - if reasonably possible - in its original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of their right of withdrawal, they will bear at most the costs of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after the return shipment or withdrawal, minus the shipping costs.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible in the following cases:

a. If the product has already been opened or damaged;

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. The prices mentioned in the offer of products or services include VAT.
3. The prices mentioned in the offer of products or services exclude shipping costs.

Article 10 - Conformity and Warranty

1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when 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 in this regard in Article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed, but at the latest within 4 working days after receiving the money, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notice of this at the latest 5 working days after they have placed the order. In that case, the consumer has the right to dissolve the agreement free of charge.
4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 4 working days after dissolution and after receipt of the returned products, minus the shipping costs.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
6. The risk of damage 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 - Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products at any time, subject to the agreed termination rules and a notice period of 4 working days.
2. The consumer can terminate the agreements mentioned in the previous paragraphs:

• at least in the same manner as they were entered into by them;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Article 13 - Payment

1. The consumer pays after they have confirmed the order on the webshop.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period 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 subject to the dispute settlement procedure.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 16 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.