Terms and Conditions
These terms and conditions ("the Terms") govern the users ("you" or "your") and use of the website www.apexnutrition.nl ("the Website").
("we", "our", or "us"). Please read them carefully as they affect your legal rights and liabilities. If you do not agree to these terms, do not access or use the website. If you have any questions about these terms and conditions, please contact us.
1. Agree
By using the Website, you agree to the Terms and consent to us sending information (including updated information) to obtain information from third parties, including, but not limited to, your debit or credit card information to verify identity, validate your credit card, obtain credit card authorization and authorize individual purchase transactions.
2. Changes
We reserve the right to:
Update these Terms from time to time and will notify you by appropriate notice on the Website. It is your responsibility to verify the existence of these changes. The changes will take effect at the time they are announced on the Website. If you do not agree to the amended Terms, you are requested to stop using the Website. If you continue to use the Website after the date on which the changes take effect, you agree to the new Terms.
Modify or withdraw (temporarily or permanently) the Website and its contents, in whole or in part, without prior notice to you. You acknowledge that we cannot be held liable by you for any changes to or withdrawal of the Website and content.
Override the identifier or password that we provide to You, selected by you or provided by us, if we believe that You have not complied with these Terms.
3. Registration
By using this website, you warrant that:
You are legally able to enter into contracts.
You are at least 18 years of age or older.
The personal information you must provide for registration is correct, exact, current and complete in all respects.
You do not impersonate any other person or entity.
You notify us immediately of any changes to your personal information by contacting representatives of our customer service department via email: info@apexnutrition. Nl
4.Privacy Policy
We will treat all your personal information confidentially and only use it in accordance with our Privacy Policy. Furthermore, we will process your information in accordance with our Privacy Policy. By using our Website you consent to this processing and you warrant that all information provided by you is accurate.
When you shop on the Website, we will ask you to enter personal information necessary to identify you, such as your name, email address, billing address, delivery address, credit card number and other payment information.
5. Protecting your safety
To ensure that your payment card details are not used without your knowledge, we compare name, address and other personal information that you have provided to us during the ordering process with the authorized databases of third parties.
We take the risk of internet fraud very seriously. In view of the increasing number of fraudulent credit card transactions, all our orders are thoroughly checked using the information already provided. We may contact you for additional security checks for which we would like to request your cooperation. Fraudulent transactions will not be tolerated by us and will be reported to the relevant authorities.
By accepting these Terms you consent to these checks being made. During these checks, personal information may be presented to credit registration agencies who may record this information. Rest assured that this is only done to confirm your identity, no creditworthiness is tested and your credit position will not be affected. Any information provided by you will be treated securely and in accordance with the Data Protection Act 1998.
6. Compliance
The Website may only be used in a lawful manner for lawful purposes. You agree to comply with all laws, statutes and regulations applicable to the Website and its use. You agree to it through the Website:
Do not introduce or distribute computer viruses, Trojans, worms, logic bombs or other elements such as these that may disrupt, interrupt or interfere with normal computer processes.
Not to introduce or distribute any material that is defamatory, abusive or obscene in nature.
No unauthorized access to our site, the server on which the site is stored, or any other servers, computers or databases connected to our site. You will not attack the site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you are committing a criminal offense under the Computer Misuse Act 1990. We will report any such violation to the appropriate law enforcement authorities and cooperate with them by disclosing your identity to them. In the event of such a breach, your right to use our Website will be terminated immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other protected material as a result of your use of our Website or downloading of any material from the Website or from other sites linked to our Website.
7. Third Party Links
For the convenience of our customers, the Website may contain links to other websites or materials that are beyond our control. For your information, we make no representation that we are responsible for, review or endorse these websites or materials. We are not liable for the privacy policies or the content of such websites, nor for any damage, loss or infringement caused or alleged to be caused by use of or reliance on any advertising, content, products, materials or services available through such websites or sources.
8. Orders
All orders are subject to acceptance and availability. If the ordered goods are not available, you will be notified by e-mail (or other means if no e-mail address is provided) and you will have the option to wait for the item to be back in stock, then do cancel your order.
All orders placed will be treated as an offer to purchase the goods or services from us and we reserve the right to decline this offer at any time. You acknowledge that any automatic acknowledgment of your order that you may receive from us may not actually lead to acceptance of your offer to purchase the goods and services offered on the Website. The purchase contract between you and us is concluded when we (i) charge the amount from your debit card, credit card, or PayPal and (ii) ship the items to you or start the services, whichever occurs later and at which time an e-mail confirming the conclusion of the purchase contract ("Confirmation of Shipment") is sent to you. We are under no obligation to provide any goods or services that are part of your order until the shipment of those goods or services has been confirmed in a separate Shipment Confirmation.
We take all reasonable precautions, to the extent in our power, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss that you may may suffer if a third party gains unauthorized access to the data you have provided when accessing or ordering through the Website.
The products offered on the Website may not be used for resale or distribution. We reserve the right to cancel orders and/or close accounts if we believe that products have been ordered in violation of this condition.
You bear the risk for the products as soon as they are delivered to the delivery address you specified when ordering the products. We do not accept any liability if you have provided us with an incorrect delivery address or if you do not collect the products from the delivery address you have provided.
9. Right to cancel
Where you have purchased goods or services as a consumer (ie for private use as opposed to business use), you have the right to cancel any contract concluded with us within 14 days of receipt of the goods or services.
If you wish to cancel a contract under this clause then:
Please report this by contacting us or writing to apexnutrition. Nl
You must retain possession of the goods or services and ensure that the goods or services are kept in the same condition as they were delivered until the goods or services can be returned to us by you.
We will notify you if we wish to collect the goods or services. The goods or services will be collected within 28 days of receipt of your cancellation notice and we will charge you the cost of the collection. You can also deliver the goods or services to us by first contacting a member of our customer service team who can provide you with the address details. Email: info@apexnutrition. Nl
The amount you have paid to us will be returned within 30 days of receipt of the goods.
If you wish to return goods for any other reason (for example, because you believe the goods are broken or defective), we will inspect the goods upon arrival, and to what extent we confirm that these goods are actually defective, we will repair or replace or refund to you the full price of the defective goods (including applicable delivery and return costs). Please follow our return authorization process by contacting us by phone or email. Please contact us as soon as possible and preferably within 3 days of receipt of the goods. If we cannot label a returned item as defective, you will bear the costs of returning it.
Details of your right of cancellation, and an explanation of how to use it, are provided in the Shipment Confirmation. Your other legal rights as a consumer are not affected by this.
For more information, see our return policy.
10. Price and Payment
All prices shown on the website include UK VAT (only where applicable) at the prevailing rate and are correct at the time of entry into the system. However, we reserve the right to change prices without notice (however, these changes will have no effect on orders for which you have received a Shipment Confirmation).
If your delivery address is outside the EU, you may be subject to import duties and taxes (including VAT), which are levied after a delivery reaches the destination country. Such additional costs must be borne by you. Please keep in mind that customs policies can vary greatly from country to country. We recommend that you contact your local customs office for further information.
Payment can be made via all major payment cards, via your PayPal account or via iDeal. Payment will be debited from your account or account at the time of shipment of the goods or provision of the service. If payment is made by credit card, a pre-authorization of € 0,01 will be withheld until the card issuer validates the payment.
In the unlikely event that the price on the checkout page is incorrectly displayed and we discover this before your order is accepted in accordance with Clause 9, we are under no obligation to sell you the items at that price. We always try to ensure that prices on our Website are displayed correctly, but genuine errors can occur. If we discover an error in the price of any items you have ordered, we will notify you as soon as possible and give you the option of reconfirming your order at the corrected price or canceling your order. If you cancel the order and have already paid for the items, a full refund will be made.
You confirm that the payment card, PayPal account or bank account (if you use iDeal) is your property. All cardholders are subject to verification checks and authorizations from the card issuer. If the issuer of your payment card refuses or, for whatever reason, does not authorize payment, we cannot be held liable for any delay in or non-delivery.
If your credit or debit payment has not been processed for any reason, we reserve the right to try to process the payment again. We will notify you at least 48 hours in advance of each time we attempt to process the payment again by sending an email to the email address you provided. If you do not want us to try to process the payment again, you must cancel your order within 48 hours of receiving this email.
Discount codes are only allowed under strict application of terms and conditions stated when the code was issued, such as applicability or maximum order value. Please familiarize yourself with these conditions before placing an order, because we reserve the right to reject or cancel orders if these conditions are not met, even in the event that the amount of your payment card or bank account (if you use iDeal) has been written off. If there is any conflict between the terms and conditions under which the discount codes were issued and these terms and conditions, the terms and conditions for the discount codes shall prevail. A copy of the terms and conditions that apply to discount codes can be requested at any time from our customer service department via email address info@apexnutrition. Nl
11. Intellectual Property
The content of the Website is protected by copyright, trademark, database and other intellectual property rights and you acknowledge that the material and content provided as part of the Website remains our property or that of our licensors.
You may retrieve and display content from the Website on a computer screen, store such content in electronic form on hard drive (but not on a server or other storage medium connected to a network), or print a copy of such content for your your own personal, non-commercial use, provided you adhere to all copyright and proprietary notices. Under no circumstances may you otherwise reproduce, modify, copy, distribute or use for any commercial purpose the materials or content of the Website.
12. Limitation of Liability
(a) Pursuant to clause 14, if we fail to comply with these Terms, we will only be liable for damages suffered by you as a result of our breach of contract (whether in contract, tort (including negligence), breach of statutory duty or otherwise ) that are a foreseeable consequence of the default.
(b) Nothing in these Terms excludes or limits our liability in respect of:
(i) Death or personal injury caused by our negligence;
(ii) Fraud or fraudulent representation;
(iii) Any breach of obligation under Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
(iv) Defective products within the meaning of the Consumer Protection Act 1987.
(v) Any intentional breach of these terms and conditions which would entitle to terminate the contract.
(vi) For any matter regarding which it would be unlawful for us to exclude or attempt to exclude our liability.
Use of the website
The Website is provided on an "as appearing" and "as available" basis without further representation or confirmation. We make no warranties, express or implied, with respect to the Website and its use. You acknowledge that we cannot guarantee and cannot be held responsible for the security or privacy of the Website and information provided by you. You bear the risks associated with using the Internet.
While we will try to ensure that the material available on the Website is correct, reputable and of high quality, we cannot accept any responsibility if this is not the case. We will not be responsible for any errors, omissions or results obtained from the use of such information or for any technical problems you may experience through the Website. If we are made aware of inaccuracies in the material on the Website we will try to correct them as soon as reasonably possible.
In particular, we disclaim all obligations in connection with the following:
incompatibility of the Website with your equipment, software or telecommunications connections;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
insufficiency of the Website to meet your requirements.
To the fullest extent permitted by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both terms include, without limitation, purely economic, loss of profit, loss of business information, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages arising out of or related to the Website.
13. Disconnection
If any part of the Terms is held to be illegal, void or for any reason unenforceable, then that provision will be severed from the Terms, but will not affect the validity and enforceability of the remaining provisions of the Terms.
14. Waiver
No waiver by us shall be construed as a waiver arising from or pursuant to any provisions of the Terms.
15. Full Agreement
These Terms form the entire basis of any agreement reached between you and us.
16. Law and Jurisdiction
These terms are governed by and construed in accordance with the laws of the Netherlands and the EU. Any disputes will be settled exclusively by Dutch courts.
17. Blogs/articles and product/information pages
The information on this website and in the blogs is for general informational purposes. We want to emphasize that the information provided does not contain any health claims. The content of this website and blogs should not be considered medical advice and does not replace the advice of a qualified health care professional.
We use information provided by third parties, such as studies and published sources. While we make every effort to carefully select and present this information, we cannot guarantee the completeness, accuracy, reliability or validity of the information.
It is important to note that the information presented is based on studies and publications, but we have not conducted the studies ourselves. Therefore, we cannot take responsibility for any errors, omissions or incompleteness in the information provided.
The use of the information on this website and in the blogs is entirely at your own risk. We are not liable for any damage or injury resulting from the use of the information provided.
Always consult a qualified health care professional for specific advice that is appropriate to your own situation and state of health.
18.Reviews
By submitting a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in all media.
You grant us and all parts of Apex Nutrition the right to use the name that you have indicated yourself, if so chosen.
You waive your right to be acknowledged as the author of such content and your right to object if such content is infringed.
You agree to take any further action necessary to perfect any of the above rights granted to us by you, including the execution at our request of deeds and documents.
You represent and warrant that you own all rights or otherwise control all rights in the content you post. And you agree that on the date the contents or materials are provided to us and all parts of Apex Nutrition is submitted:
The content and material is correct;
Use of the content and material you submit will not violate any applicable guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us against any and all third party claims arising out of or in connection with a breach of any of these warranties.
Winners of a review contest will be notified via email. Failure to respond to our email within 20 days will result in forfeiture of the prize.