Private Company 17 Nutrition is registered with the Chamber of Commerce under number 90762479 and is located at Lorentzstraat 61 (2665 JG) in Bleiswijk.

Article 1 – Definitions

1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:

2. Offer: Any written offer to Buyer for the delivery of Products by Seller to which these conditions are inextricably linked.

3. Agreement: The (distance) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from 17 Nutrition.

4. Products: The Products offered by 17 Nutrition are generally sports supplements.

5. Buyer: the natural person not in the exercise of a profession or business who, or the Company, enters into a (distance) Agreement with the Seller.

6. Seller: The provider of Products to the Buyer, hereinafter: 17 Nutrition.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer from 17 Nutrition and every Agreement between 17 Nutrition and a Buyer and to every Product offered by 17 Nutrition.

2. Before a (distance) Agreement is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, 17 Nutrition will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case are published on the 17 Nutrition website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.

3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed in writing with 17 Nutrition.

4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected.

5. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same effect as the original provision.

6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.

7. If these general terms and conditions refer to she/her, this should also be construed as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

1. All offers made by 17 Nutrition are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the offer. An Offer only exists if it is recorded in writing.

2. The Offer made by La Viek is without obligation. 17 Nutrition is only bound to the Offer if acceptance thereof is confirmed in writing by the Buyer within 30 days, or if the Buyer has already paid the amount due. Nevertheless, 17 Nutrition has the right to refuse an Agreement with a potential Buyer for a reason justified by 17 Nutrition.

3. The Offer contains an accurate description of the Product offered with associated prices. The description is sufficiently detailed so that the Buyer is able to make a good assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind 17 Nutrition. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or termination of the Agreement (remotely). 17 Nutrition cannot guarantee that the colors in the image exactly match the real colors of the Product.

4. Delivery times and terms stated in the 17 Nutrition Offer are indicative and do not entitle the Buyer to termination or compensation if they are exceeded, unless expressly agreed otherwise.

5. A composite quotation does not oblige 17 Nutrition to deliver part of the items included in the offer or Offer at part of the stated price.

6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last and according to the last-is-last principle.

Article 4 – Conclusion of the Agreement

1. The Agreement is concluded when the Buyer has accepted an Offer from 17 Nutrition by paying for the Product in question.

2. An Offer can be made by 17 Nutrition via the website.

3. If the Buyer has accepted the Offer by concluding an Agreement with 17 Nutrition, 17 Nutrition will confirm the Agreement with the Buyer in writing, or at least by e-mail.

4. If the acceptance deviates (on minor points) from the Offer, 17 Nutrition is not bound by it.

5. 17 Nutrition is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or typo. The Buyer cannot derive any rights from this error or typo.

6. The buyer has the right to exercise its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and its packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. The direct costs for returning the Product are borne by the Buyer.

7. If products cannot be returned due to hygienic reasons or a limited shelf life (ink, etc.) due to breaking the seal, this is expressly stated in the Offer. Customized products are also excluded from the right of withdrawal.

Article 5 – Execution of the Agreement

1. 17 Nutrition will execute the Agreement to the best of its knowledge and ability.

2. If and insofar as proper execution of the Agreement requires this, 17 Nutrition has the right to have certain work carried out by third parties at its own discretion.

3. The Buyer ensures that all information that 17 Nutrition indicates is necessary or of which the Buyer should reasonably understand that it is necessary for the execution of the Agreement, is provided to 17 Nutrition in a timely manner. If the information required for the execution of the Agreement has not been provided to 17 Nutrition in a timely manner, 17 Nutrition has the right to suspend the execution of the Agreement.

4. In the execution of the Agreement, 17 Nutrition is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for 17 Nutrition, the Buyer is obliged to reimburse the additional or additional costs accordingly.

5. 17 Nutrition may require security from the Buyer or full advance payment before proceeding with the execution of the Agreement.

6. 17 Nutrition is not liable for damage of any nature whatsoever caused by 17 Nutrition relying on incorrect and/or incomplete information provided by the Buyer, unless 17 Nutrition was aware of this incorrectness or incompleteness.

7. The Buyer indemnifies 17 Nutrition against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

Article 6 – Delivery

1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it in a timely manner, does not provide sufficient cooperation, the (down) payment has not been received on time by 17 Nutrition or other circumstances beyond the control of 17 Nutrition cause a delay, 17 Nutrition is entitled to a reasonable extension of the delivery period. All agreed delivery terms are never strict deadlines. The buyer must give 17 Nutrition written notice of default and grant it a reasonable period in which to deliver. The buyer is not entitled to any compensation due to the delay.

2. The business Buyer is obliged to purchase the goods at the time they are made available to him in accordance with the Agreement, even if they are offered to him earlier or later than agreed.

3. If the Buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, 17 Nutrition is entitled to store the goods at the expense and risk of the Buyer.

4. If the Products are delivered by 17 Nutrition or an external carrier, 17 Nutrition is entitled to charge any delivery costs, unless otherwise agreed in writing. These will be included in the product price, unless otherwise agreed.

5. If 17 Nutrition requires information from the Buyer in the context of the execution of the Agreement, the delivery time will only commence after the Buyer has made all data necessary for the execution available to 17 Nutrition.

6. If 17 Nutrition has specified a delivery period, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.

7. 17 Nutrition is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. 17 Nutrition is entitled to invoice the goods thus delivered separately.

8. Deliveries will only be made if all invoices have been paid unless expressly agreed otherwise. 17 Nutrition reserves the right to refuse delivery if there is a well-founded fear of non-payment.

9. The buyer is responsible for any VAT and/or customs clearance costs upon delivery of the Products. 17 Nutrition attempts to send the Products in multiple shipments so that these costs can be avoided, but offers no guarantees in this regard.

Article 7 – Packaging and transport

1. 17 Nutrition undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.

2. Unless otherwise agreed in writing, all deliveries are made inclusive of turnover tax (VAT), including packaging and packaging materials.

3. Acceptance of goods without any comments on the waybill or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 – Investigation, complaints

1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary. to assess whether she retains the Product. The Buyer must investigate whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.

2. The buyer is obliged to investigate and inform himself how the Product should be used and, in case of personal use, to test the Product in accordance with the instructions for use. 17 Nutrition accepts no liability for incorrect use of the Product by the Buyer.

3. Any visible defects or shortages must be reported in writing to 17 Nutrition after delivery at info@17Nutrition.com. The buyer has a period of 14 days after delivery to do this. Non-visible defects or shortages must be reported within 30 days of discovery, but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation in value of the Product.

4. If the Buyer wishes to return defective items, this will only be done with the prior written permission of 17 Nutrition in the manner indicated by 17 Nutrition.

5. If the Consumer uses his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in the original condition and packaging to 17 Nutrition, in accordance with 17 Nutrition’s return instructions. The direct costs for returns are at the expense and risk of the Buyer.

6. 17 Nutrition is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.

7. Refunds to the Buyer will be processed as soon as possible, but payment may take up to 5 working days after receipt of the return shipment. Refunds will be made to the previously specified account number.

8. If the Buyer exercises its right of complaint, it has no right to suspend its payment obligation nor to settle outstanding invoices.

9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to 17 Nutrition, 17 Nutrition will, after a request from the Buyer, send the missing Product(s) or the remaining order. Cancel. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from 17 Nutrition.

Article 9 – Prices

1. During the validity period of the Offer, the prices of the Products offered will not be increased, except in the event of changes in VAT rates.

2. The prices stated in the Offer include VAT, unless expressly stated otherwise.

3. The prices stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.

4. If there are Products or raw materials for which there are price fluctuations on the financial market and over which 17 Nutrition has no influence, 17 Nutrition can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.

Article 10 – Payment and collection policy

1. Payment should preferably be made in advance in the currency in which the invoice was sent via the indicated method.

2. The buyer cannot derive any rights or expectations from a previously issued estimate, unless the parties have expressly agreed otherwise.

3. The buyer must make a lump sum payment to the account number and details of 17 Nutrition made known to it. Parties can only agree on a different payment term after explicit written permission from 17 Nutrition.

4. If a periodic payment obligation of the Buyer has been agreed, 17 Nutrition is entitled to adjust the applicable prices and rates in writing, taking into account a period of 3 months.

5. In the event of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, 17 Nutrition’s claims on the Buyer are immediately due and payable.

6. 17 Nutrition has the right to have payments made by the Buyer firstly deduct the costs, then deduct the accrued interest and finally deduct the principal amount and current interest. 17 Nutrition may, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. 17 Nutrition may refuse full repayment of the principal amount if the accrued and current interest as well as the costs are not also paid.

7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the set payment period of 14 days, the Buyer will first receive a written reminder with a period of 14 days after the date of the reminder to still fulfill the payment obligation. together with a statement of the extrajudicial costs if the Consumer does not fulfill his obligations within that period before he is in default.

8. From the date that the Buyer is in default, 17 Nutrition will, without further notice of default, claim statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale. from the decision on compensation for extrajudicial collection costs of July 1, 2012.

9. If 17 Nutrition has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. Any legal and enforcement costs incurred will also be borne by the Buyer.

Article 11 – Retention of title

1. All items delivered by 17 Nutrition remain the property of 17 Nutrition until the Buyer has fulfilled all subsequent obligations under all Agreements concluded with 17 Nutrition.

2. The buyer is not entitled to pledge or encumber in any other way the items subject to the retention of title if ownership has not yet been fully transferred.

3. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform 17 Nutrition of this as soon as can reasonably be expected.

4. In the event that 17 Nutrition wishes to exercise its ownership rights referred to in this article, the Buyer now gives unconditional and irrevocable consent and authorization to 17 Nutrition or third parties to be designated by it to enter all those places where the properties of 17 Nutrition are located and to take those items back.

5. 17 Nutrition has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or surrender from 17 Nutrition. After the Buyer has fulfilled his obligations, 17 Nutrition will make every effort to deliver the purchased Products to the Buyer as quickly as possible, but no later than within 20 working days.

6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to 17 Nutrition by the Buyer upon first request.

Article 12 – Warranty

17 Nutrition guarantees that the Products comply with the Agreement, the specifications, usability and/or reliability stated in the offer and the legal rules/regulations at the time the Agreement was concluded. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified the Seller of this use in writing at the time of entering into the Agreement.

Article 13 – Suspension and dissolution

1. 17 Nutrition is entitled to suspend the fulfillment of its obligations or to terminate the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.

2. Furthermore, 17 Nutrition is entitled to terminate the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising from any agreement with 17 Nutrition. concluded Agreement.

3. Furthermore, 17 Nutrition is entitled to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise arise which are of such a nature that unchanged maintenance of the Agreement cannot reasonably be expected.

4. If the Agreement is dissolved, 17 Nutrition’s claims on the Buyer are immediately due and payable. If 17 Nutrition suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement.

5. 17 Nutrition always reserves the right to claim damages.

Article 14 – Limitation of liability

1. If the execution of the Agreement by 17 Nutrition leads to liability of 17 Nutrition towards the Buyer or third parties, that liability is limited to the costs charged by 17 Nutrition in connection with the Agreement unless the damage arose due to intent or gross negligence. . The liability of 17 Nutrition is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.

2. 17 Nutrition is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. A restriction applies to Consumers in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.

3. 17 Nutrition is not liable for and/or obliged to repair damage caused by the use of the Product. All damage to Products as a result of wearing and using is expressly excluded from liability (this includes traces of use, damage from use, fall damage, light and water damage, theft, loss, etc.).

4. 17 Nutrition is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.

5. 17 Nutrition is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.

6. 17 Nutrition is not responsible for the correct and complete transmission of the contents of e-mails sent by/on behalf of 17 Nutrition, nor for their timely receipt.

7. All claims by the Buyer due to shortcomings on the part of 17 Nutrition will lapse if they have not been reported in writing and with reasons to 17 Nutrition within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer will in any case expire one year after the termination of the Agreement.

Article 15 – Force majeure

1. 17 Nutrition is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to her fault and is not her responsibility under the law, legal act or generally accepted views.

2. Force majeure in any case includes, but is not limited to, what is understood in law and case law, (i) force majeure of suppliers of 17 Nutrition, (ii) failure to properly fulfill obligations of suppliers that the Buyer prescribed or recommended to 17 Nutrition, (iii) defective goods, equipment, software or materials from third parties, (iv) government measures, (v) electricity disruption, (vi) disruption of the internet, data network and telecommunications facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at 17 Nutrition’s company and (xi) other situations that, in the opinion of 17 Nutrition, are beyond its control. temporarily or permanently prevent the fulfillment of its obligations.

3. 17 Nutrition has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after La Viek should have fulfilled its obligation.

4. Parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the Agreement, without obligation to compensate the other party for damages.

5. Insofar as 17 Nutrition has already partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and independent value is attributed to the fulfilled or to be fulfilled part, 17 Nutrition is entitled to the already fulfilled or part to be fulfilled must be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 16 – Risk transfer

The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer at the time the Products are placed in the Buyer’s control. This is the case if the Products have been delivered to the Buyer’s delivery address. For the business Buyer, this applies when the Products leave the warehouse, unless otherwise agreed.

Article 17 – Privacy, data processing and security

1. 17 Nutrition handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, 17 Nutrition will inform the data subject about this.

2. If 17 Nutrition must provide security for information under the Agreement, this security will comply with the specifications agreed and a security level that is appropriate, taking into account the state of the art, the sensitivity of the data, and the associated costs. is not unreasonable.

Article 18 – Complaints

1. If the Buyer is not satisfied with the Products of 17 Nutrition and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to address these complaints as soon as possible, but no later than within 14 calendar days after the relevant reason that led to the complaint. guided to report. Complaints can be reported via info@17Nutrition.com with the subject “Complaint”.

2. The complaint must be sufficiently substantiated and/or explained by the Buyer in order for 17 Nutrition to be able to process the complaint.

3. 17 Nutrition will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.

4. The parties will try to find a solution together.

Article 19 – Applicable law

1. Dutch law applies to every Agreement between 17 Nutrition and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.

2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. 17 Nutrition has the right to unilaterally change these general terms and conditions.

3. All disputes arising from or in connection with the Agreement between 17 Nutrition and the Buyer will be settled by the competent court in Rotterdam unless mandatory law provisions lead to the jurisdiction of another court.

Rotterdam, November 3, 2022