Terms and Conditions

Private Limited 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 meanings, unless expressly stated otherwise:

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

3. Agreement: The distance purchase agreement for the sale and delivery of Products purchased by Buyer from 17 Nutrition.

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

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

6. Seller: The provider of Products to 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 an Agreement (at a distance) 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 are in any case published on the website of 17 Nutrition, so that the Buyer can easily save 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 upon in writing with 17 Nutrition.

4. These general terms and conditions also apply to additional, modified, 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 wholly null and void or are annulled, the remaining provisions of these general terms and conditions shall remain in effect and the null and void/annulled provision(s) shall be replaced by a provision with the same intent as the original provision.

6. Ambiguities regarding the content, explanation, or situations that are not covered in these general terms and conditions must be assessed and explained in accordance with the spirit of these general terms and conditions.

7. If in these general terms reference is made to she/her, this should also be understood 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 non-binding, unless expressly stated otherwise in writing. If the Offer is valid for a limited time or under specific conditions, this will be explicitly stated in the offer. An Offer only exists when it has been documented in writing.

2. The Offer made by La Viek is non-binding. 17 Nutrition is only bound to the Offer if the 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 valid reason.

3. The Offer contains an accurate description of the offered Product with corresponding prices. The description is detailed enough for the Buyer 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 merely an indication and cannot be grounds for any compensation or the cancellation of the Agreement (at a distance). 17 Nutrition cannot guarantee that the colors in the image exactly match the actual colors of the Product.

4. Delivery times and deadlines mentioned in the Offer of 17 Nutrition are indicative and do not give the Buyer the right to dissolution or compensation in case of exceeding them, unless expressly agreed otherwise.

5. A combined price quotation does not obligate 17 Nutrition to deliver a part of the items included in the offer or Proposal for a part of the stated price.

6. If and to the extent that there is an offer, this does not automatically apply to reorders. Offers are only valid while stocks last, and according to the "first come, first served" principle.

Article 4 – Conclusion of the Agreement

1. The Agreement is concluded at the moment the Buyer accepts an Offer from 17 Nutrition by paying for the relevant Product.

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

3. If Buyer has accepted the Offer by entering into an Agreement with 17 Nutrition, 17 Nutrition will confirm the Agreement with Buyer in writing, at least by email.

4. If the acceptance (on subordinate points) deviates 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 ought to have understood that the Offer contains an obvious mistake or typographical error. The Buyer cannot derive any rights from this mistake or typographical error.

6. The Buyer has the right to exercise their right of withdrawal within the statutory period. If withdrawal is applicable, the Buyer will handle the Product and the packaging with care. They will only unpack or use the Product to the extent necessary to establish the nature, characteristics, and functioning of the Product. The direct costs of returning the Product are the responsibility of the Buyer.

7. When products cannot be returned due to the breaking of the seal for hygienic reasons or limited shelf life (ink, etc.), this is explicitly stated in the Offer. Custom-made 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 to the extent that 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 shall ensure that all data, which 17 Nutrition indicates are necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, are provided to 17 Nutrition in a timely manner. If the data required for the execution of the Agreement are not 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 required to follow the instructions of the Buyer if this results in a change to 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 supplementary costs accordingly.

5. 17 Nutrition may require security from the Buyer or full advance payment before proceeding to execute the Agreement.

6. 17 Nutrition is not liable for any damage, of any kind, that has arisen because 17 Nutrition has relied on incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to 17 Nutrition.

7. Buyer indemnifies 17 Nutrition for any claims from third parties who suffer damage in connection with the execution of the Agreement and which can be attributed to Buyer.

Article 6 – Delivery

1. If the commencement, progress, or delivery of the Agreement is delayed due to, for example, the Buyer not providing all requested information in a timely manner, not cooperating sufficiently, the (down)payment not being received on time by 17 Nutrition, or if any delay occurs due to other circumstances beyond the control of 17 Nutrition, 17 Nutrition is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never fatal deadlines. The Buyer must formally notify 17 Nutrition in writing of the default and grant a reasonable period for it to still be able to deliver. The Buyer has no right to any compensation for the delay that has occurred.

2. The business Buyer is obliged to take delivery of the goods at the moment they are made available to her according to the Agreement, even if they are offered to her earlier or later than agreed.

3. If the Buyer refuses to accept delivery or is negligent in providing information or instructions necessary for delivery, 17 Nutrition is entitled to store the goods at the Buyer's expense and risk.

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 data from Buyer in the context of executing the Agreement, the delivery time will only commence after Buyer has provided all data necessary for execution to 17 Nutrition.

6. If 17 Nutrition has provided a delivery period, it is indicative. Longer delivery times apply for delivery outside the Netherlands.

7. 17 Nutrition is entitled to deliver the goods in parts, unless otherwise agreed in the Agreement or if the partial delivery does not have independent value. 17 Nutrition is entitled to invoice the delivered items 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 reasonable fear of non-payment.

9. The buyer is responsible for any VAT and/or customs clearance costs upon delivery of the Products. 17 Nutrition strives to ship the Products in multiple shipments to avoid these costs, but does not guarantee this.

Article 7 – Packaging and transport

1. 17 Nutrition commits to 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 shall be made including value added tax (VAT), including packaging and packaging materials.

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

Article 8 – Research, complaints

1. The Buyer is obliged to examine the delivered goods at the time of (delivery), but in any case within 14 days after receipt of the delivered goods, but only to the extent necessary to assess whether they will retain the Product. In this context, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply in normal (commercial) transactions.

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

3. Any visible defects or shortages must be reported in writing to 17 Nutrition at info@17Nutrition.com within 14 days after delivery. Non-visible defects or shortages must be reported within 30 days after discovery, but no later than 6 months after delivery. In case of damage to the Product due to careless handling by the Buyer, the Buyer is liable for any depreciation of the Product.

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

5. If the Consumer exercises their right of withdrawal, they will return the Product and all accessories, as far as reasonably possible, in original condition and packaging to 17 Nutrition, in accordance with the return instructions of 17 Nutrition. The direct costs for returns are the responsibility 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 take place.

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

8. If Copper exercises its right of reclamation, it has no right to suspend its payment obligation nor to offset outstanding invoices.

9. In the absence of a complete delivery, and/or if one or more Products are missing, and this is due to 17 Nutrition, 17 Nutrition will, upon request from the Buyer, send the missing Product(s) or cancel the remaining order. The receipt confirmation of the Products is decisive in this matter. Any damage suffered by the Buyer as a result of the (deviating) extent of the delivery cannot be claimed from 17 Nutrition.

Article 9 – Prices

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

2. The prices mentioned in the Offer are inclusive of VAT, unless expressly stated otherwise.

3. The prices mentioned 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 that experience price fluctuations in the financial market and on which 17 Nutrition has no influence, 17 Nutrition may offer these Products at variable prices. The Offer states that the prices are indicative and may fluctuate.

Article 10 – Payment and Collection Policy

1. Payment should preferably be made in advance in the currency in which it has been invoiced via the specified method.

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

3. The buyer must make the payment in one go to the account number and details of 17 Nutrition that have been communicated to them. Parties can only agree on a different payment term with the explicit and written consent of 17 Nutrition.

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

5. In the event of liquidation, bankruptcy, seizure, or suspension of payment by the Buyer, the claims of 17 Nutrition against the Buyer shall be immediately due and payable.

6. 17 Nutrition has the right to apply the payments made by the Buyer primarily to reduce costs, then to reduce the outstanding interest, and finally to reduce the principal and the current interest. 17 Nutrition may refuse a payment offer without being in default if the Buyer indicates a different order for the allocation. 17 Nutrition may refuse full repayment of the principal if the outstanding and current interest as well as the costs are not also paid.

7. If the Buyer fails to meet their payment obligation and has not fulfilled their obligation within the stipulated payment term of 14 days, the Buyer will first receive a written reminder with a period of 14 days from the date of the reminder to still fulfill the payment obligation, along with a statement of the extrajudicial costs if the Consumer does not meet their obligations within that period, before they are in default.

8. From the date that the Buyer is in default, 17 Nutrition will claim the statutory (commercial) interest without further notice of default from the first day of default until full payment and reimbursement of extrajudicial costs in accordance with Article 6:96 of the Civil Code, calculated according to the scale from the decision on reimbursement 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. The legal and enforcement costs incurred are also the responsibility of the Buyer.

Article 11 – Retention of Title

1. All goods supplied by 17 Nutrition remain the property of 17 Nutrition until the Buyer has fulfilled all subsequent obligations arising from all Agreements entered into with 17 Nutrition.

2. The buyer is not authorized to pledge the items subject to the retention of title nor to encumber them in any other way if ownership has not yet fully transferred.

3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the Buyer is obliged to inform 17 Nutrition as soon as reasonably possible.

4. In the event that 17 Nutrition wishes to exercise its property rights indicated in this article, Buyer hereby grants unconditional and irrevocable consent and authorization to 17 Nutrition or third parties designated by it to enter all locations where the properties of 17 Nutrition are located and to reclaim those items.

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

6. Costs and other (consequential) damages resulting from the retention of the purchased Products are the responsibility and risk of the Buyer and will be reimbursed to 17 Nutrition by the Buyer upon first request.

Article 12 – Guarantee

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

Article 13 – Suspension and Dissolution

1. 17 Nutrition is entitled to suspend the fulfillment of the 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 authorized to terminate the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer fails to comply in a timely or proper manner with the obligations arising from any Agreement concluded with 17 Nutrition.

3. Furthermore, 17 Nutrition is entitled to terminate the Agreement without prior notice of default if circumstances arise that are such that performance of the Agreement is impossible or cannot reasonably and fairly be required any longer, or if other circumstances arise that are such that the unchanged maintenance of the Agreement cannot reasonably be expected.

4. If the Agreement is terminated, 17 Nutrition's claims against Buyer shall become immediately due. When 17 Nutrition suspends the performance of its obligations, it retains its rights under the law and the Agreement.

5. 17 Nutrition always retains the right to claim compensation.

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 is caused by intent or gross negligence. The liability of 17 Nutrition is in any case limited to the amount of damage that is 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 incurred loss, missed savings and damage resulting from the use of the delivered Products is excluded. For Consumers, a limitation applies 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 obligated to repair any damage resulting from the use of the Product. All damage to Products resulting from wearing and using is expressly excluded from liability (including but not limited to signs of use, wear and tear, accidental damage, light and water damage, theft, loss, etc.).

4. 17 Nutrition is not liable for any damage that is the result of or may arise from any action or omission based on (incomplete and/or incorrect) information on the website(s) or from linked websites.

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

6. 17 Nutrition is not responsible for the accurate and complete transmission of the content of emails sent by or on behalf of 17 Nutrition, nor for their timely receipt.

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

Article 15 – Force Majeure

1. 17 Nutrition is not liable when, due to a force majeure situation, it is unable to fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation if it is hindered from doing so due to a circumstance that is not attributable to its fault and does not fall under its responsibility according to the law, legal act, or prevailing opinions in traffic.

2. Force majeure is understood in any case to include, but is not limited to, what is understood in law and jurisprudence, (i) force majeure of suppliers of 17 Nutrition, (ii) the failure to properly fulfill obligations of suppliers prescribed or recommended by Buyer to 17 Nutrition, (iii) defects in goods, equipment, software, or materials from third parties, (iv) government measures, (v) power outages, (vi) disruptions of internet, data network, and telecommunications facilities (for example: due to cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in the business of 17 Nutrition, and (xi) other situations that, in the opinion of 17 Nutrition, fall outside its sphere of influence that 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 was supposed to fulfill its obligation.

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

5. To the extent that 17 Nutrition has partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled portion has independent value, 17 Nutrition is entitled to invoice the already fulfilled or to be fulfilled portion 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 transfers to the Buyer at the moment the Products are made available to the Buyer. This is the case when the Products are delivered to the Buyer's delivery address. For the business Buyer, this is the case 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 person concerned about this.

2. If 17 Nutrition is required to provide information security under the Agreement, this security shall comply with the agreed specifications and a level of security that, considering 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 report these complaints as soon as possible, but no later than within 14 calendar days after the relevant event that led to the complaint. 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 for 17 Nutrition to be able to process the complaint.

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

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

Article 19 – Applicable Law

1. Dutch law applies to every Agreement between 17 Nutrition and 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 shall always prevail. 17 Nutrition has the right to unilaterally amend these general terms and conditions.

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

Rotterdam, November 3, 2022