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Terms and Conditions
Terms and Conditions Dutch Home Shopping Organization
These general conditions of the Dutch Home Shopping Organization ("Nederlandse Thuiswinkel Organisatie") were established in consultation with the Consumers Union of the Social Economic Council and went into effect on January 1, 2009. These Terms will be used by all members of the Dutch Home Shopping Organization with the exception of financial services under the Financial Supervision Act and provided these services are under the supervision of the Financial Markets Authority.

Index:
Article 1 Definitions
Article 2 Identity of trader
Article 3 Applicability
Article 4 The offer
Article 5 The contract
Article 6 Right of withdrawal
Article 7 Costs in case of withdrawal
Article 8 Preclusion from right of withdrawal
Article 9 The price
Article 10 Conformity and guarantee
Article 11 Supply and implementation
Article 12 Payment
Article 13 Complaints procedure
Article 14 Disputes
Article 15 Additional or different stipulations
Article 16 Amendment to the general terms and conditions

Article 1 - Definitions
In these conditions the following definitions apply:
1. Grace period: The period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who enters into a distance contract with the trader and who is not doing so as part of their profession or business;
3. Day: Calendar day;
4. Extended duration transaction: a distance contract relating to a range of products and / or services, of which the supply and / or purchase is spread over time;
5. Durable medium: any means that enables the consumer or trader to store any information about the transaction, enabling him/her to consult or reproduce this information in the future;
6. Right of withdrawal: the consumer's ability to cancel or decline the distance contract within the grade period;
7. Trader: the natural or legal person who is a member of the Dutch Home Shopping Organization and who offers products and/or remote services to the consumer;
8. Distance contract: an contract involving a distance communication system organized by the trader for the use of distance sale of products and/or services, up to and including the moment that the contract is concluded;
9. Technique of distance communication: medium that can be used to conclude a contract without the consumers and traders coming together simultaneously in the same area.

Article 2 - Identity of the trader
Name: Vitaminstore Online B.V.
Trading under the name/names: Vitaminstore

Establishment and office address:
Mollerusweg 50
2031 BZ Haarlem

Phone: +31 23 53 43 468
Availability:
From Monday-Friday from 9:00 -17:30
E-mail: info@vitaminstore.nl

Chamber of Commerce number: 34145379
VAT identification number: NL8097.10.675B

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to any realized distance contract between the entrepreneur and the consumer.
2. Prior to the conclusion of a business agreement, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader's premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 4 - The offer
1. If an offer has a limited duration, or takes place under certain conditions, this is explicitly mentioned in the offer.
2. The offer contains a complete and carefully written description of the offered product and/or services. The description is sufficiently detailed to allow the consumer to make a good judgment about the offer. If the trader uses images, these will be a truthful representation of the offered products and/or services. The trader is not bound by obvious errors or mistakes made in the offer.
3. Each special offer contains information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This applies in particular to: 
- the price including taxes; 
- cost of delivery; 
- the way in which the contract will take place and which actions are required; whether right of recall is involved; 
- the method of payment, the delivery or implementation of the contract; 
- the period for accepting the offer or the period for adhering to the price; 
- in case communication is charged for beyond the regular telephone rate, the cost of such communication;  
- if the acceptance of this offer is archived, in which way the consumer may consult these archives; 
- the way in which the consumer can obtain information about actions he does not wish to undertake before concluding a contract, as well as the way he can rectify these before the contract is concluded;
- the languages, in addition to Dutch, in which the contract can be concluded; 
- the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and 
- the minimum duration of the distance contract in the event of a contract that involves the continual or periodical supply of products or services.

Article 5 - The contract
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information within statutory frameworks about the consumer's ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Together with the product or service, the trader will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader's business location where the consumer can lodge complaints
b. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal
c. information on existing after-sales service and guarantees
d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract
e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
6. Where the trader has taken on the obligation to supply a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal
1. When purchasing products, a consumer has the ability to dissolve the contract, without giving reasons, within at least 14 days. This period commences on the day after the product was received by the consumer or a previously designated and announced representative of the consumer.
2. During this period the consumer will treat the product and its packaging with care. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the trader, with all associated components, and -in as far as this is reasonably possible- in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the trader.
Upon delivery of services:
3. When services are supplied, a consumer has the ability to dissolve the contract, without giving reasons, within at least 14 days, starting on the day when the contract was concluded.
4. In order to make use of his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that the trader provided when the offer was made and/or at the latest upon delivery.

Article 7 - Costs in a case of withdrawal
1. If consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
2. If consumer has paid a sum, trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
Article 8 - Preclusion from right of withdrawal
1. Trader can preclude consumer from having a right of withdrawal as far as is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Preclusion from the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer's specifications;
b. that are clearly of personal nature;
c. that cannot be returned due to their nature;
d. that rapidly decay or become obsolete;
e. the price of which is subject to fluctuations on the financial market over which trader has no influence;
f. for individual newspapers and magazines;
g. for audio- and video-recordings and computer software, whereby the consumer has broken the seal.
3. Preclusion from the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
b. the supply of which commenced, with the explicit consent of consumer, before the withdrawal period had lapsed;
c. relating to bets and lotteries.

Article 9 - The price
1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. Prices stated in offers of products or services include VAT.

Article 10 - Conformity and Guarantee
1. Trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed trader also guarantees that the product is suited for other than normal designation.
2. A guarantee arrangement offered by trader, manufacturer or importer does not affect the legal rights and claims that consumer, as a result of the contract, can enforce against trader.

Article 11 - Supply and implementation
1. Trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that consumer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed upon. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, consumer will be informed about this at the latest thirty (30) days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge.
4. In the case of dissolution in accordance with the previous paragraph, trader will refund consumer the sum paid as quickly as possible, though at the latest within thirty (30) days after that dissolution.
5. Should delivery of a product that has been ordered prove impossible, trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to trader.
6. The risk of damage and/or loss of products rests upon trader up to the moment of delivery to consumer or a representative previously designated by consumer and announced to trader, unless this has explicitly been agreed upon otherwise.

Article 12 - Extended duration transactions
1. A consumer has the right at all times to terminate a contract that has been concluded for an indefinite period of time, taking into consideration the applicable termination rules and a termination period of at the most one month.
2. The maximum validity of a contract concluded for an indefinite period of time is two years. In the event that the contract has been made that the distance contract will be automatically extended, then the contract will be continued as a contract for an indefinite period of time and the maximum period of notice after continuation of the contract will be one month.

Article 13 - Payment
1. As far as no other date has been agreed upon, sums payable by the consumer should be paid within 14 days after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service, these 14 days start at the moment the consumer receives the trader's confirmation of the contract.
2. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
3. In the event of non-payment on part of consumer, trader has the right, subject to statutory limitations, to charge consumer reasonable costs about which consumer was informed in advance.

Article 14 - Complaints procedure
1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. A complaint about a product, a service or the trader's service can also be submitted via a complaints form on the consumer's page of the website of the Dutch Thuiswinkel Organization, www.thuiswinkel.org. The complaint is then sent both to the trader concerned and the Dutch Thuiswinkel Organization.
5. If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.

Article 15 - Disputes
1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
2. Disputes between a consumer and a trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
3. The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
4. The dispute should be submitted to the Disputes Committee, in writing, at the latest by three months after the dispute arose.
5. If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. If it is at the wishes of the trader, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court.
6. Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.
7. The Disputes Committee will not deal with a dispute -or will terminate their intervention- if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
8. If another disputes committee that is recognized or affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, in addition to the Thuiswinkel Disputes Committee, the latter will have exclusive jurisdiction for disputes relating mainly to the method of distance sales or services. For all other disputes, this applies to the other disputes committees recognized by the SGC or affiliated with the Kifid.

Article 16 - Branch guarantee
1. The Dutch Homeshopping Organization ("Nederlandse Thuiswinkel Organisatie") will, without delay, assume the obligations of a trader vis-à-vis a consumer, in relation to binding advice imposed upon him by the Thuiswinkel Disputes Committee, if this trader is negligent in fulfilling his obligations within the period stipulated in the binding advice. Assumption of the trader's obligations by the Dutch Homeshopping Organization will be suspended if, and in as far as, that binding advice is put before a law-court for verification within two months after the date of that advice, in accordance with the regulations of the Disputes Committee, and will lapse upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has no binding effect.
2. Application of this guarantee requires the consumer to submit a written appeal to the Dutch Homeshopping Organization and to transfer his claim on the trader to the Dutch Homeshopping Organization.

Article 17 - Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

Article 18 - Amendment to the general terms and conditions of "Thuiswinkel"
1. The Dutch Homeshopping Organization will only amend these general terms and conditions after consultation with the Consumer's Association.
2. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail.
Address of the Dutch Homeshopping Organization ("Nederlandse Thuiswinkel Organisatie"): P.O. Box 7001, 6710 CB EDE, the Netherlands.

ADDITIONAL CONDITION: GOVERNING LAW AND JURISDICTION
On all the concluded business agreements, even if the execution of the work takes place outside of the Netherlands, Dutch law and these conditions apply. Any disputes arising from a contract to which these conditions wholly or partly apply, or to further agreements, which are a consequence of such an agreement, can be settled by the competent court of the place of business if the trader so wishes, unless a mandatory statutory provision opposes. This does not affect the possibility of settling disputes between trader and consumer by independent arbitration.

October 2011