Terms and Conditions

Terms and Conditions Go Hard Nutrition

Table of contents:

Article 1 - Definitions

Article 2 - Identity of Go Hard Nutrition

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of Go Hard Nutrition in case of withdrawal

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or different provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by Go Hard Nutrition or by a third party on the basis of an agreement between the third party and Go Hard Nutrition;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
Distance contract: an agreement concluded between Go Hard Nutrition and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or one or more techniques for distance communication are also used;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

Go Hard Nutrition: the legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services to consumers at a distance as set out under these general terms and conditions;
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;

Article 2 – Identity of Go Hard Nutrition

Name entrepreneur: Go Hard Nutrition

Business address: Smederijstraat 2, 4814 DB Breda.

Trade Register of the Netherlands: 78146917.

VAT Number: NL003293436B21.

You may contact us via:

Phone number: + 31 85 800 2025

Email address: info@gohardnutrition.eu

Article 3 – Applicability

These general terms and conditions apply to every offer from Go Hard Nutrition and to every distance agreement concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, Go Hard Nutrition will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at Go Hard Nutrition and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
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 the consumer can always invoke the applicable provision that is most convenient for him in the event of conflicting terms and conditions. is favorable.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Go Hard Nutrition uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on Go Hard Nutrition.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, Go Hard Nutrition will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Go Hard Nutrition, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel an agreement: the consumer can, however, make use of the right of withdrawal (Article 6).
If the agreement is concluded electronically, Go Hard Nutrition 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, Go Hard Nutrition will observe appropriate security measures.
Go Hard Nutrition can inform itself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Go Hard Nutrition has good reasons not to enter into the agreement on the basis of this investigation, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Go Hard Nutrition will send the following information to the consumer at the latest upon delivery of the product, service or digital content 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 data carrier: the visiting address of the Go Hard Nutrition branch where the consumer can go with complaints;

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;
the information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; to the extent 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;
if the consumer has a right of withdrawal, the model withdrawal form.In geval van een duurtransactie is de bepaling in het vorige lid slechts van toepassing op de eerste levering.

Artikel 6 – Herroepingsrecht

The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 (fourteen) days without stating reasons. Go Hard Nutrition may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Go Hard Nutrition may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.

if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not provided on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without stating reasons. Go Hard Nutrition may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that is not delivered on a material medium in the event of not informing about the right of withdrawal:

If Go Hard Nutrition has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
If Go Hard Nutrition has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if Go Hard Nutrition has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he must report this to Go Hard Nutrition within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) Go Hard Nutrition. This is not necessary if Go Hard Nutrition has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Go Hard Nutrition.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
The consumer bears the direct costs of returning the product. If Go Hard Nutrition has not reported that the consumer has to bear these costs or if Go Hard Nutrition indicates that it will bear the costs itself, the consumer does not have to bear the costs for return.
The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
he has not acknowledged that he will lose his right of withdrawal when granting his consent; or
Go Hard Nutrition has failed to confirm this consumer statement.
If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of Go Hard Nutrition in case of withdrawal

If Go Hard Nutrition enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
Go Hard Nutrition reimburses all payments made by the consumer, including any delivery costs charged by Go Hard Nutrition for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless Go Hard Nutrition offers to collect the product itself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
Go Hard Nutrition uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Go Hard Nutrition does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal

Go Hard Nutrition can exclude the following products and services from the right of withdrawal, but only if Go Hard Nutrition has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which Go Hard Nutrition has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by Go Hard Nutrition to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
the execution has started with the express prior consent of the consumer; and
the consumer has declared that he will lose his right of withdrawal as soon as Go Hard Nutrition has fully performed the agreement;
Service agreements for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Alcoholic drinks, the price of which was agreed upon when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which Go Hard Nutrition has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
the execution has started with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal.

Artikel 11 – De prijs

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 as a result of changes in VAT rates.
Contrary to the previous paragraph, Go Hard Nutrition can offer products or services whose prices are subject to fluctuations in the financial market and over which Go Hard Nutrition has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if Go Hard Nutrition has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 12 – Compliance with the agreement and extra guarantee

Go Hard Nutrition guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing on the date of the conclusion of the agreement. legal provisions and/or government regulations. If agreed, Go Hard Nutrition also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by Go Hard Nutrition, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Go Hard Nutrition under the agreement if Go Hard Nutrition has failed to fulfill its obligations. part of the agreement.
An extra guarantee is understood to mean any commitment by Go Hard Nutrition, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is required by law in the event that he has failed to fulfill his part. of the agreement.

Article 13 – Delivery and execution

Go Hard Nutrition will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to Go Hard Nutrition.
With due observance of what is stated about this in article 4 of these general terms and conditions, Go Hard Nutrition will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, Go Hard Nutrition will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products rests with Go Hard Nutrition until the moment of delivery to the consumer or a representative designated in advance and made known to Go Hard Nutrition, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, cancellation and extension

Cancellation:

The consumer may at any time enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services.

cancel with due observance of the agreed cancellation rules and a notice period of no more than one month.

The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month. .
The consumer can conclude the agreements referred to in the previous paragraphs:

cancel at any time and are not limited to cancellation at a specific time or period;
at least cancel in the same way as he entered into these agreements;
always cancel with the same notice period as Go Hard Nutrition has stipulated for itself.

Extension:

An agreement that has been entered into for a definite period of time and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a contract that has been entered into for a definite period of time may be tacitly renewed for a definite period of no more than three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of not more than one month.
An agreement that has been entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to cancel at any time with a notice period of no more than one month.

Duration:

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

Article 15 – Payment

Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 (fourteen) days. days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in payment details provided or stated to Go Hard Nutrition.
If the consumer does not fulfill his payment obligation(s) in time, he is, after Go Hard Nutrition has informed him of the late payment and Go Hard Nutrition has granted the consumer a period of 14 (fourteen) days to to meet his payment obligations, after failure to pay within this 14-day period, the statutory interest on the amount still due and Go Hard Nutrition is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. Go Hard Nutrition may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

Go Hard Nutrition has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to Go Hard Nutrition within a reasonable time after the consumer has discovered the defects.
Complaints submitted to Go Hard Nutrition will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Go Hard Nutrition will answer within the period of 14 (fourteen) days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

Article 17 – Disputes

Agreements between Go Hard Nutrition and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where Go Hard Nutrition has its office.

Article 18 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer 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 data carrier.