Legal notice
Legal notice
Article 1. General
These General Terms and Conditions apply to all quotations, offers and agreements between,
Orhan Kodalci
X-treme power nutrition
Evence Coppeelaan 3b2
3600 Genk
VAT BE816.918.954
or
Steinderweg 49-7
6171 XJ Stein
BTW ID: NL002523299B22
Opening hours:
Mon - Sat: 10am to 12pm and 1pm to 6pm
Sun: closed
Hereinafter referred to as "x-tremepower" and any other party to which x-tremepower has declared these General Terms and Conditions applicable, insofar as these General Terms and Conditions have not been expressly deviated from by the parties in writing.
1. The applicability of any purchase or other General Terms and Conditions of the other party is expressly rejected unless otherwise agreed in writing.
2. These General Terms and Conditions as well as any type of agreement between the other party and x-tremepower are governed primarily by Dutch law.
3. These General Terms and Conditions apply to every offer, quotation and agreement between the other party and x-tremepower to which x-tremepower has declared them applicable, unless the parties have expressly deviated from them in writing.
4. These General Terms and Conditions also apply to all agreements between the other party and x-tremepower, where performance is wholly or partially outsourced to third parties.
5. The most recently filed version or the version valid at the time the legal relationship with x-tremepower was established applies at all times.
6. These General Terms and Conditions have been filed with the Chamber of Commerce. They can also be downloaded from the website. www.x-tremepower.be
Article 2. Quotations and orders
1. All bids and offers have an acceptance period of fourteen (14) days unless otherwise agreed in writing in the agreement.
2.X-tremepower cannot be bound by its bids or offers if the Other Party can reasonably understand that the bids or offers, or any part thereof, contain an obvious mistake or clerical error.
3. If the acceptance deviates from the offer, x-tremepower is not bound by it. In this case, an adjusted offer will be provided, unless x-tremepower consents to the other party's acceptance.
4. Mentioned prices in offers and quotations include 6% VAT, unless otherwise indicated.
5. A combined offer or composite quotation does not oblige x-tremepower to perform part of the order at a corresponding part of the stated price.
6. Offers and quotations prepared by x-tremepower do not automatically apply to future orders.
Article 3. Agreement
1. If x-tremepower considers this necessary for proper execution in accordance with the order, it is entitled to have certain work performed by third parties.
2. If the Other Party has accepted the offer electronically, x-tremepower will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Other Party may dissolve the agreement.
3.If the agreement is concluded electronically, x-tremepower shall take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the other party can pay electronically, x-tremepower shall observe appropriate security measures.
4. X-tremepower may inform itself (within legal frameworks) whether the other party is able to fulfil its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, x-tremepower has good grounds for not concluding the agreement, it shall be entitled to refuse an order or application or to attach special conditions to its performance, giving reasons.
5. X-tremepower shall send the following information with the product to the Other Party, in writing or in such a way that it can be stored by the Other Party in an accessible manner on a durable data carrier:
the visiting address of the branch of x-tremepower where the Other Party may submit complaints;
- the General Terms and Conditions under which and the manner in which the Other Party may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal
- the information on existing after-sales services and guarantees;
- the information included in Article 1.1 of these terms and conditions, unless x-tremepower already provided this information to the Other Party prior to the performance of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 3. Modification of the AgreementIf
1. If the agreement is amended, a price change may be necessary. This will be announced by x-tremepower to the other party as soon as possible.
2. If the agreement is amended, a change in delivery date may be necessary. The other party will be informed of this by x-tremepower as soon as possible.
3. If the change or addition is due to x-tremepower, no additional costs will be charged to the Other Party.
Article 4 . Right of withdrawal products
1. When purchasing products, the Other Party has the option of dissolving the agreement without giving reasons for a period of fourteen (14) working days. This period commences on the day following receipt of the product by the Other Party or a party designated in advance by the Other Party and made known to x-tremepower;
2. During this period the Other Party shall handle the product and its packaging with care. The Other Party shall only unpack or use the product to the extent necessary to assess whether the Other Party wishes to keep the product. If the other party exercises its right of withdrawal, the other party will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to x-tremepower, in accordance with the reasonable and clear instructions provided by x-tremepower.
Article 5. Costs of withdrawal
1. If the Other Party exercises its right of withdrawal, at most the costs of return shipment shall be for its account.
2. If the other party has paid an amount, x-tremepower shall refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 6 . Exclusion of the right of withdrawal
If the Other Party does not have a right of withdrawal, this may only be excluded by x-tremepower if x-tremepower clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that were created by x-tremepower in accordance with the Other Party's specifications;
- that are clearly of a personal nature
- that cannot be returned due to their nature; and
- which spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which x-tremepower has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the Other Party has broken the seal.
Article 7. Payment and shipping costs
1. During the validity period stated in the offer, the prices of the products offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, x-tremepower may offer products whose prices are subject to fluctuations in the financial market and over which x-tremepower has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
3. Payment must be made no later than fourteen (14) days after the invoice date. Payment must be transferred to the bank or giro account indicated by x-tremepower on the agreement, stating the account holder and invoice number. Objections to the amount of the invoice do not suspend the payment obligation.
4. Price increases within 3 months of the conclusion of the agreement are permitted only if they are the result of statutory regulations or provisions.
5. Price increases as of 3 months after the conclusion of the agreement are only permitted if x-tremepower has stipulated them and:
- they are the result of statutory regulations or provisions; or
- the other party is authorised to terminate the agreement on the day on which the price increase takes effect.
6. All products mentioned prices include 6% or 21% VAT.
7. For orders under € 50.00, the other party pays the shipping costs itself. If the order exceeds € 50.00, x-tremepower will bear the shipping costs.
Article 8. Collection costs
1. If payment is not made by the other party or not made in a timely manner, all reasonable costs related to extra efforts on the part of x-tremepower will be borne by the other party.
2. In the event of additional collection costs, these will be calculated in accordance with the collection rates of the bailiff or collection agency engaged by x-tremepower.
3. X-tremepower is entitled to apply the payments made by the other party first to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and current interest.
4. The other party shall never be entitled to set off any amounts owed to x-tremepower. Objections to the amount of an invoice do not suspend the payment obligation.
Article 9. Delivery and execution
1. X-tremepower shall exercise the greatest possible care when receiving and executing orders for products and assessing requests for the provision of services.
2. Delivery takes place from x-tremepower's website. The other party is obliged to accept the goods at the time they are made available to it.
3. With due observance of that stated in Article 1 of these General Terms and Conditions, x-tremepower will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the Other Party shall be informed thereof no later than one month after the order was placed. In that case, the Other Party has the right to dissolve the agreement without costs and the right to possible damages.
4. In the event of dissolution in accordance with the previous paragraph, x-tremepower shall refund the amount paid by the Other Party as quickly as possible, but no later than within 30 days after dissolution.
5. If delivery of an ordered product proves impossible, x-tremepower will endeavour to provide a replacement article. At the latest upon delivery, the fact that a replacement article will be delivered will be communicated in a clear and comprehensible manner. With replacement items, the right of withdrawal cannot be excluded. The costs of return shipment will be borne by x-tremepower.
6. The risk of damage and/or loss of products rests with x-tremepower until the moment of delivery to the other party, unless expressly agreed otherwise.
Article 10. Personal data
1. X-tremepower shall only process the other party's data in accordance with its privacy policy.
2. In doing so, x-tremepower shall observe the applicable privacy regulations and legislation.
Article 11. Warranty and investigation
1. X-tremepower guarantees that the products to be delivered meet the usual requirements and standards that can be set for them and are free of defects. The warranty referred to in this article applies to products intended for use within the Netherlands.
2. X-tremepower guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, x-tremepower also guarantees that the product is suitable for other than normal use.
3. A guarantee provided by x-tremepower, manufacturer or importer does not affect the statutory rights and claims that the Other Party may assert against x-tremepower on the basis of the agreement.
Article 12. Liability
1. Any liability of x-tremepower shall be limited to the provisions of this article.
2. X-tremepower is not liable for any damages if such damages arise from the provision of incorrect and/or incomplete information by the other party, unless it can be demonstrated that x-tremepower should have been aware of such information.
3. In no event shall x-tremepower be liable for any damages recovered by third parties from the other party or other forms of indirect damages, such as lost profits or missed savings.
4. Any liability on the part of x-tremepower will at all times be limited to the maximum amount that may be paid out by x-tremepower's insurer, depending on the situation, and in reasonable proportion to that part of the order to which liability pertains.
5. Should x-tremepower be liable for any damage, x-tremepower's liability will be limited to a maximum of three (3) times the invoice value of the order, or at least to that part of the order to which the liability relates.
6. Any liability is limited to direct damage. This refers exclusively to:
I. Reasonable costs to establish cause and extent of damage.
II. Reasonable costs incurred to prevent or limit the damage, insofar as the Other Party can be shown to have effectively incurred them.
7. X-tremepower is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.
8. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of x-tremepower or its managers/subordinates.
Article 13. Force majeure
1. X-tremepower is not obliged to comply with any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to any culpability and for which x-tremepower cannot be held accountable by virtue of the law or any legal act, nor by common opinion.
2. In addition to its definition in law and case law, force majeure in these General Terms and Conditions means all external causes, foreseen or unforeseen, which x-tremepower cannot influence, but which prevent X-tremepower from fulfilling its obligations. This includes strikes at the company of x-tremepower or third parties. x-tremepower also has the right to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement occurs after x-tremepower should have fulfilled its obligation.
3. X-tremepower may suspend its obligations under the agreement during the period of force majeure. If this period exceeds two (2) full calendar months, either party will be entitled to dissolve the agreement, without any obligation to pay damages to the other party.
4. Insofar as x-tremepower has already fulfilled all or part of its obligations under the agreement at the time force majeure occurs, x-tremepower will be entitled to invoice the delivered part to the Other Party in accordance with the value of that part.
Article 15. Complaints
1. If the Other Party complains in time, this shall not suspend its payment obligation. The Other Party shall in that case also remain obliged to take delivery of and pay for the other products and/or services ordered.
2. The other party checks the products upon arrival or otherwise as soon as possible and to the extent that this can reasonably and/or according to custom be required of it, and reports complaints regarding damage, visible defects and/or defects to x-tremepower in writing within no more than twenty-four (24) hours after receipt. The other party shall report complaints regarding hidden defects to x-tremepower in writing immediately after the time at which the other party discovered those defects, but in any case no later than five (5) days after receipt. If no complaint is submitted within these periods, the products are deemed to have been approved and accepted.
3. If it is established that a product is defective and a timely complaint has been made, x-tremepower will notify the other party in writing within a reasonable period of time after receiving the product or if returning the product is not reasonably possible. In that case, x-tremepower will arrange for replacement, repair or pay a replacement fee to the other party.
4. If it is established that a complaint is unfounded, the costs thereby incurred and the investigation costs will be borne entirely by the Other Party.
Article 16. Limitation period
1. Notwithstanding the statutory limitation periods, the limitation period for all claims and defences against X-tremepower and the third parties involved by x-tremepower in the performance of an agreement is one year.
2. The provisions of paragraph 1 do not apply to legal claims and defences based on facts that would justify the assertion that the delivered product and/or service would not comply with the agreement. Such claims and defences shall become time-barred two (2) years after the Other Party has notified x-tremepower of such non-conformity.
Article 17. Indemnification
1. The other party indemnifies x-tremepower against any claims from third parties who suffer damage in connection with the performance of the agreement and whose cause is attributable to parties other than x-tremepower.
2. If x-tremepower should be sued by third parties for that reason, the other party is obliged to assist x-tremepower both extrajudicially and judicially and immediately do all that may be expected of it in that case. Should the other party fail to take adequate measures, x-tremepower shall be entitled, without notice of default, to take such measures itself. All costs and damages incurred on the part of x-tremepower and third parties as a result will be for the account and risk of the other party.
Article 18. Transfer of risk
The risk of loss of or damage to items forming part of the agreement shall pass to the Other Party at the moment they are legally and/or actually delivered to the Other Party.
Article 19. Additional or different provisions
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the Other Party's detriment and must be laid down in writing or in such a way that they can be stored in an accessible manner by the Other Party on a durable data carrier.
Article 20. Disputes
All legal relationships to which x-tremepower is a party are governed exclusively by Dutch law.
The parties shall first seek recourse to the courts after making every effort to resolve a dispute by mutual consultation.
The court in Maastricht has exclusive jurisdiction to hear disputes, unless the law imperatively requires otherwise.