General Conditions

Article 1 - Definitions

In these conditions, the following definitions apply:

Reflection Period: The period in which the consumer can exercise their right of withdrawal;

Consumer: The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: Calendar day;

Fixed-Term Operation: A distance contract related to a series of products and/or services whose delivery and/or purchase obligation extends over time;

Durable Medium: Any means that allows the consumer or the entrepreneur to store information addressed personally to them in such a way that they can consult it in the future and reproduce it without alterations.

Right of Withdrawal: The possibility for the consumer to cancel the distance contract within the reflection period;

Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;

Distance Contract: An agreement whereby, in the context 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 contract;

Distance Communication Technique: A means that can be used to conclude an agreement, without the consumer and the entrepreneur being in the same room at the same time.

General Conditions: These General Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Company Name: Masculine Booster

Email: info@vitafer-l.es

Address: Noordvaarder 2, 2134XZ Hoofddorp

Chamber of Commerce: 72412399

VAT: NL002181353B17

Article 3 - Applicability

These general conditions apply to all offers made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general conditions can be consulted at the premises of the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, contrary to the provisions of the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that they can easily store it on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that, in addition to these general conditions, specific conditions for products or services apply, the second and third paragraphs shall apply mutatis mutandis, and in the case of contradictory general conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions of these general conditions are at any time wholly or partially null or annulled, the contract and these general conditions shall remain in force, and the provision in question shall be replaced promptly and by mutual agreement with a provision that comes as close as possible to the meaning of the original.

Situations not provided for in these general conditions shall be assessed "in the spirit" of these conditions.

Doubts regarding the interpretation or content of one or more provisions of our general conditions shall be interpreted "in the spirit" of these conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this must be expressly stated in the offer.

The offer is non-binding. The entrepreneur has the right to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an adequate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious or manifest errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

The images accompanying the products are a real representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly relates to:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be borne by and are at the risk of the customer. The postal service and/or courier will use the special regime for postal and courier services regarding imports. This regime applies if the goods are imported into the destination country in the EU, which is the case here. The postal service and/or courier collects the VAT (along with customs clearance costs, whether charged or not) from the recipient of the goods;

  • Possible shipping costs;

  • The manner in which the agreement will be concluded and the actions necessary for this;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the agreement;

  • The acceptance period of the offer, or the period in which the trader guarantees the price;

  • The level of the distance communication fee if the costs of using the distance communication technique are calculated on a basis other than the usual basic rate for the medium used;

  • Whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;

  • The way in which the consumer can check and, if desired, rectify the data provided by them in the context of the contract before concluding the contract;

  • The languages other than Dutch in which the contract can be concluded;

  • The codes of conduct to which the trader is subject and how the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The Contract

The contract is concluded at the moment the consumer accepts the offer and meets the conditions set forth in it.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. While the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take the appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will adopt the appropriate security measures.

The entrepreneur may - within the legal framework - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has well-founded reasons not to conclude the agreement, they have the right to refuse an order or request or to set special conditions for execution, stating the reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in a way that can be stored by the consumer in an accessible manner on a durable data medium:

  • The address of the entrepreneur’s establishment to which the consumer can address complaints;

  • The conditions and the manner in which the consumer can exercise the right of withdrawal or, if applicable, clear information about the exemption from the right of withdrawal;

  • Information about existing warranties and after-sales service;

The required data stated in the general conditions will be provided, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

  • The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision of the previous paragraph only applies to the first delivery.

Each contract is concluded under the suspensive conditions of sufficient availability of the corresponding products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without providing reasons within a period of 14 days. This reflection period begins the day after the consumer or a previously designated representative receives the product.

During the reflection period, the consumer will handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must communicate this in writing or by email. Once the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must demonstrate that the delivered goods were returned in time, for example, by providing proof of shipment.

If the customer has not expressed their wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the aforementioned periods, the purchase is finalized.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs of the products will be borne by them.

If the consumer has paid an amount, the trader will refund it as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web store or that conclusive proof of the complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for specific products. The exclusion of the right of withdrawal only applies if the trader clearly indicates it in the offer or in sufficient time before concluding the contract.

The exclusion of the right of withdrawal is only possible for products:

  • That have been created by the entrepreneur according to the specifications of the consumer
  • That have a clearly personal character
  • That cannot be returned due to their nature
  • That spoil or age quickly
  • Whose price is subject to fluctuations in the financial market that are beyond the control of the entrepreneur
  • For individual newspapers and magazines
  • For audio and video recordings and software programs whose seal has been broken by the consumer
  • Hygienic products whose seal has been broken by the consumer

The exclusion of the right of withdrawal is only possible for services:

  • Related to accommodation, transport, catering, or leisure activities that must take place on a specific date or during a specific period
  • Whose delivery has begun with the express consent of the consumer before the expiration of the withdrawal period
  • Related to betting and lotteries.

Article 9 - The Price

During the validity period indicated in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of the entrepreneur, with variable prices. This relationship with the fluctuations and the fact that the mentioned prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of regulations or legal provisions.

Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • They are the result of regulations or legal stipulations; or
  • The consumer is entitled to terminate the contract on the day the price increase takes effect.

Delivery takes place outside the EU. Subsequently, the postal service or courier will charge the customer the import VAT or customs clearance fees. Therefore, the entrepreneur will not charge any VAT.

All prices are subject to printing errors. No liability is accepted for the consequences of errors and typos. In the case of typographical errors, the company is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable laws and/or government regulations in force at the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for a use other than the normal one.

The warranty offered by the trader, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the trader based on the agreement.

Any defective product or incorrectly delivered product must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is not responsible in any case for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur's instructions and/or packaging;
  • The defect is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The company will take the utmost care in receiving and executing product orders.

The place of delivery will be the address that the consumer has communicated to the company.

In accordance with these general conditions, the company will execute accepted orders promptly and, at the latest, within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to possible damages.

In the event of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days following the dissolution.

If the delivery of a requested product proves impossible, the entrepreneur will strive to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably indicated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The return costs will be borne by the entrepreneur.

The risk of deterioration and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative who has been notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration of Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate a contract of indefinite duration concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer can terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time towards the end of the fixed duration, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • Terminate them at any time and not be limited to termination at a specific moment or period;
  • At a minimum, terminate them in the same way they subscribed to them;
  • Always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

Extension

A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a specified period.

A fixed-term contract concluded for the regular supply of daily or weekly newspapers, magazines, and periodicals may be tacitly renewed for a fixed period not exceeding three months, with the option for the consumer to terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.

A fixed-term contract concluded for the regular supply of products or services may only be tacitly extended indefinitely if the consumer can terminate it at any time with a notice period not exceeding one month and with a notice period not exceeding three months if the contract extends to the regular supply, but less than once a month, of daily newspapers, periodicals, and magazines.

A limited-duration agreement for the regular supply of daily, informative, and weekly newspapers and magazines as an introduction (trial or introductory subscription) does not continue tacitly and ends automatically at the end of the trial or introductory period.

Duration

If a contract lasts more than one year, after one year the consumer can terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed period.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period. In the case of a service provision agreement, this period begins once the consumer has received confirmation of the agreement.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment details provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaint Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, complete and clearly, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt 

and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless he indicates otherwise in writing.

If the entrepreneur considers that a complaint is justified, the entrepreneur, at his discretion, will replace or repair the delivered products free of charge.

Article 15 - Disputes

The contracts between the entrepreneur and the consumer to which these general conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.