Terms & Conditions
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
IMPORTANT INFORMATION REGARDING ORDERING AND ORDER PROCESSING: Please keep in mind that orders received after 11.00 p.m. on Monday through Thursday for GLS or DPD delivery will only be processed and shipped the following working day. We make every effort to ship all orders placed before this deadline on the same day. Orders may be carried over and shipped the following day in extreme situations.
Orders for the next day courier service must be submitted by noon Monday through Thursday. Please keep in mind that if you order on a Friday and need it by Saturday, you must select this premium delivery option at checkout. Orders purchased before noon on Friday will be delivered on Monday using the standard next day courier option. Standard courier orders submitted after the midday deadline on Friday will be processed on Monday for delivery on Tuesday.
On Saturdays, Sundays, and bank holidays, we do not process orders. Your delivery slot will be sent to you by text message from the courier firm. Please provide a mobile phone number for this purpose. If the slot is not suitable, you will have the option of changing it directly with the courier company.
Probiotics: Because these goods are temperature sensitive, we do not send them on Fridays. This does not apply to probiotics that are shelf-stable.
GENERAL TERMS AND CONDITIONS
Functional Nutrition (EU) B.V., Kanaaldijk 27, 1454 AA Watergang, the Netherlands, owns and operates this website. If you have any questions or concerns regarding our terms and conditions, or if you have any comments or complaints about our website, please email us at email@example.com.
Functional Nutrition (EU) B.V. offers a wide variety of nutritional supplements that are kept in stock and shipped from our Dutch warehouse.
Your payment of the amount for the goods reflects an offer to purchase the goods on your part, which will be acknowledged by us when we send you an email confirming that the goods have been delivered to you]. When we accept your order, we create a legally binding relationship between us.
2. Ownership of rights
Functional Nutrition (EU) B.V. owns all rights, including copyright, to this website. Without our permission, you may not use this website or its contents, including copying or storing it or them in whole or in part, for any purpose other than your own personal, non-commercial use. Nothing on this website may be modified, distributed, or reposted for any reason.
3. Accuracy of content
We have taken great care in preparing the content of this website, particularly to guarantee that the prices given are current at the time of publication and that all goods have been fairly described. Orders will be approved, however, only if there are no serious inaccuracies in the description of the goods or in their prices as described on this website. Any weights, measurements, or capacities stated concerning the goods are simply estimates.
4. Damage to your computer
We make every effort to ensure that our website is free of viruses and flaws. We cannot, however, guarantee that your use of this website or any websites accessible through it will not harm your computer. It is your duty to ensure that you have the necessary equipment to use the website. Except in the case of gross negligence on our part, we will not be liable to any person for any loss or damage to computer equipment caused by using this website.
Acceptance and availability of all orders are subject to change. If the goods you ordered are not in stock, we will inform you via email or phone (if you have provided us with contact details). You will be given the option of either waiting until the item is back in stock or cancelling your order.
6. Ordering errors
You can make changes to your purchase up until the point at which you click "submit" during the ordering process.
The prices payable for the goods you order can be found on our website. All prices are inclusive of VAT and were correct at the time of entry.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will notify you via email, offer to sell you the goods of the specification and description at the price stated in the email, and specify the period for which the offer or price is valid.
8. Payment terms
Unless delivery cannot be completed within 30 days, we will charge your payment card upon receipt of your order. We assume no responsibility if a delivery is delayed because you did not provide us with the right payment information. If we are unable to acquire full payment for the goods from your account, we reserve the right to cancel the contract and/or suspend any subsequent deliveries to you. This has no bearing on any other rights we may have.
9. Delivery charges
Delivery prices vary depending on the type of products ordered and are non-refundable.
10.1. Our delivery fees are detailed on our website.
10.2. You will be charged an additional fee for delivery, and we may be unable to deliver to some locations.
10.3. We will deliver the items to the delivery address you give in your order. It is critical that this information is correct and that the correct shipping address is selected in your account. Please be specific about where you want the goods to be left if you will not be there when we attempt delivery. We are unable to assume duty for any loss or damage to the products once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will make every effort to deliver the items by the delivery date specified, but delivery timings are not guaranteed. If delivery is delayed for any reason beyond our reasonable control, the delivery date will be extended for a fair period of time, and we will contact you to arrange an alternate time.
10.4. If the goods are undeliverable at the listed address and are returned to the sender, the recipient is responsible for the cost of the return delivery to the sender as well as a redelivery fee.
10.5. When the products you ordered are delivered to you, you will become the owner of them. Once products are delivered to you, they are held at your own risk, and we are not responsible for their loss or damage.
10.6. Orders supplied via DPD, GLS, FedEx, or PostNL, as specified in our shipping choices, are not guaranteed. When choosing DPD, GLS, FedEx, or PostNL as a delivery option, please keep in mind that we cannot accept responsibility for orders that do not arrive once they leave our premises. We cannot refund orders that have not been delivered to the receiver, nor can we resend the original order if the items have not arrived. We strongly advise choosing our courier service option as a delivery method as a guarantee.
11. Risk and ownership
Risk of damage to or loss of the Goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only be the owner of the items after they have been successfully delivered and we have received full payment. The goods provided are not for resale.
12. Acknowledgement and acceptance of your order
You must supply us with your email address, and we will notify you by email as soon as possible to confirm receipt of your order and to confirm details. Your order will be accepted upon shipment of the ordered item(s).
13. Cancellation rights
13.1. You have the legal right to cancel your order under the Distance Selling Regulations within seven days of receiving your products (with the exception of any made to order items). You are not required to give us a reason for cancelling your contract, nor are you required to pay any penalty. You must, however, tell us if you wish to cancel your contract.
13.2. If you have received the products before cancelling your contract, you must send them back to our contact address at your own expense and risk (unless you do not have a right to cancel under clause 13.2). You must return the goods to our contact address at your own expense and risk. If you cancel your contract but we have already processed the goods for delivery, you must not unpack the goods when they are delivered to you and must return the items to us at our contact address as soon as possible at your own expense and risk.
13.3. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible, and in any case within 30 days of your order, provided that the goods in question are returned by you and received by us in the same condition they were in when delivered to you. If you do not return the products or pay the shipping costs, we will be right to withhold the direct costs of retrieving the goods from the amount to be re-credited to you.
13.4. You will be reimbursed for the costs of returning defective or unsatisfactory goods.
14. Cancellation by us
14.1. We reserve the right to cancel the contract between us if:
14.1.1. We do not have enough stock to deliver the goods you ordered;
14.1.2. We do not deliver to your area; or
14.1.3. One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information we received from our suppliers.
14.2. If we cancel your contract, we will notify you by email and re-credit to your account any sum withdrawn by us from your payment card as soon as practicable, but in any case within 30 days of your order.
15.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).
If you notify a problem to us under this condition, our only obligation will be, at your option:
15.1.1 to make good any shortage or non-delivery;
15.1.2 to replace or repair any goods that are damaged or defective; or
15.1.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
15.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract
15.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
All notices from you to us must be in writing and delivered to our contact address at Functional Nutrition (EU) B.V., Kanaaldijk 27, 1454 AA, Watergang, NL, unless otherwise clearly indicated in these terms and conditions. All notices we send to you will be posted on our website from time to time.
17. Changes to legal notices
We reserve the right to amend these terms and conditions at any time, and you should review them as frequently as possible.
18. Law, jurisdiction and language
This website, any content on it, and any contract formed as a result of using this website are controlled and construed in accordance with EU law.
If any portion of these terms and conditions is found to be unenforceable (including any section in which we exclude our obligation to you), the enforceability of the remaining provisions will not be affected.
21. Data Protection Act 1988
We are registered under the Data Protection Act and follow the Act in all of our interactions with your personal data.
Use and collection of personal information
In general, you can access our website without telling us who you are or disclosing any personal information. If you use our site, you must first register and supply certain information, such as your contact information. We will store this information on a computer or otherwise.
We may use the information you supply to:
(a) register you with our website and administer it.
(b) For assessment and analysis, such as marketing and customer and product analysis, in order for us to examine, develop, and improve our services.
We may use a technology known as "cookies" to personalise your experience on our website. A cookie is a piece of data that a website can send to your browser, which can then save it on your computer. If you prefer, you can typically configure your browser so that it does not accept cookies. Please keep in mind that cookies do not contain sensitive information such as your home address, phone number, or credit card information. We do not share cookies with any third-party websites or data providers.
We make every effort to protect your personal information by taking all possible precautions. However, we cannot guarantee the security of any data you reveal online, and we will not be liable for any breach of security unless it is the result of our negligence or wilful default.
24. Third-party rights
Third-party links on our site may take you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we make no warranty and accept no liability or duty for any third-party materials or websites, or for any other materials, products, or services provided by third parties.
We are not responsible for any injury or damages resulting from the purchase or use of goods, services, resources, material, or other transactions conducted in connection with any third-party websites. Please carefully research and understand the third-policies parties and procedures before engaging in any transaction. Third-party product complaints, claims, concerns, or questions should be directed to the third party.
Nothing in this Agreement is intended to or shall be construed to confer any rights on a third party.
25. Optional tools
We may offer you access to third-party tools over which we have no control or input.
You understand and agree that we provide such tools "as is" and "as available," with no warranties, representations, or terms of any kind, and without any endorsement. We accept no liability originating from or related to your use of optional third-party tools.
Any use of optional tools made available through the site is solely at your own risk and discretion, and you should ensure that you are familiar with and approve of the conditions under which the tools are made available by the relevant third-party provider(s).
These Terms & Conditions are in effect until either you or we terminate them. You may terminate these Terms & Conditions at any time by telling us that you no longer wish to utilise our services or by discontinuing the use of our website.
If in our sole judgement, you fail to comply with any term or provision of these Terms of service, or we suspect that you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or may, as a result, deny you access to our services (or any part thereof).
27. Prohibited uses
In addition to the other prohibitions stated in the Terms & Conditions, you are not permitted to use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, injure, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that will or may be used in any way that will or may be used to affect the functionality or operation of the service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent For breaching any of the prohibited uses, we retain the right to suspend your usage of the service or any connected website.
28. Contact information
Questions about these Terms & Conditions should be sent to us at firstname.lastname@example.org.