Common Rules for Supplements Shopping at distro.everbuildnutrition.com
ABOUT US:
Everbuild Nutritionrespects your privacy and makes sure that the information you provide us with will be treated confidentially. We use your company information to make sure your orders will be processed correctly. For other purposes, like sending newsletters, we will only use your information when you have approved us to do so. Everbuild Nutrition will not provide your company information to other parties, unless they are involved in the shipping process. In this case we only provide them with the information they need to deliver your order.
Everbuild Nutritionrespects your privacy and makes sure that the information you provide us with will be treated confidentially. We use your company information to make sure your orders will be processed correctly. For other purposes, like sending newsletters, we will only use your information when you have approved us to do so. Everbuild Nutrition will not provide your company information to other parties, unless they are involved in the shipping process. In this case we only provide them with the information they need to deliver your order.
1. General part.
1.1 These terms and conditions are used by Everbuild Nutrition - VBand Sports Ltd., Millennium House, Kingston Upon Thames, KT1 1BL
1.2 Everbuild Nutrition is an enterprise which engages in the import of food supplements and the wholesale of food supplements.
2. Realization of the agreement.
2.1 The agreement with the customer is realized after confirmation by Everbuild Nutrition or when Everbuild Nutrition begins to process the agreement.
2.2 An offer or agreement (proposal) is subject to price changes. Everbuild Nutrition has the right to change the used prices the whole time.
3. Prices.
3.1 All prices are stated in Euros and are exclusive of VAT and shipping costs unless stated differently in the offer or agreement.
3.2 Everbuild Nutrition has the right to charge the other party for any cost price raising factors, including but not limited to levy’s, taxes and surcharges.
4. Payment.
4.1 All sales are subject to pre-payment unless stated differently in the offer or agreement.
4.1.1 If an invoice has not been paid within the established payment term, the other party, without reminders to recalcitrant or a formal notice, is in neglect. At that point all the vacant invoices of Everbuild Nutrition will become directly and fully claimable.
4.1.2Incase the counterparty does not fully comply to every detail of their agreement with Everbuild Nutrition or in case Everbuild Nutrition has reasonable doubts concerning the payment capability of the counterparty, Everbuild Nutrition is authorized to put a hold on the delivery of goods until the counterparty has given sufficient certainty that the outstanding debt and payments will be met.
4.1.3 The payment commitment of the counterparty cannot be suspended by the counter party due to damages to the delivered goods and/or consequential damages.
5. Delivery.
5.1 Delivery is always done via our warehouse.
5.2 The agreed delivery time does not count as a fatal term unless specifically agreed upon differently in writing.
5.3 Due to the nature of the goods delivered by Everbuild Nutrition the risks are completely transferred to the counterparty upon delivery.
5.4 In case the counterparty is negligent in providing information and/or instructions that are essential for delivery, Everbuild Nutrition is authorized to store the goods at the risk and cost of the counter party and charge the counterparty for all costs that this matter brings with it.
5.5 The transport of sold goods is at all time done at the risk and cost of the counter party, this also counts if Everbuild Nutrition, at the request of the counterparty, provides for and pays for transport of the goods.
6. Ownership retention.
6.1 Delivery takes place under ownership retention. Ownership of the goods shall pass to the buyer only upon full payment of the price thereof and of any other amounts due and owning to Everbuild Nutrition with respect to the goods, their purchase or their transportation.
6.2 When the counterparty does not meet the payment deadline or when there is sufficient reason to believe that the counterparty is not going to meet the payment deadline or will not pay at all, Everbuild Nutrition is authorized to take back all goods delivered by Everbuild Nutrition which according to the previous section are still rightfully owned by Everbuild Nutrition. The counterparty will give there unconditional and full cooperation at first notice from Everbuild Nutrition whenever this matter occurs.
7. Force Majeure.
7.1 If by Force Majeure the delivery is delayed by more than two months, both Everbuild Nutrition and the counterparty are empowered to dissolve the agreement.
8. Liability.
8.1 Everbuild Nutrition is not liable for any damages suffered by the counterparty, save for when the counterparty can demonstrate deliberate intent or serious misconduct on the side of Everbuild Nutrition.
8.2 Everbuild Nutrition is on no account liable for any consequential damages suffered by the counterparty.
8.3 Any liability for damages is explicitly limited to the amount paid by the insurance company in the relevant case.
8.4 When for whatever reason the insurance company does not pay claim, liability for damages is explicitly limited to the price listed on the invoice.
8.5 Everbuild Nutrition is not liable for the labeling of the products. The customer is liable for the correct labeling of the products.
8.6 Everbuild Nutrition distributes products that comply to the demands set by the European Union trade law.
8.7 The customer needs to be aware of the legislation in his or her country concerning the products they wish to buy from Everbuild Nutrition. The customer needs to see to it that he or she only buys products from Everbuild Nutrition that comply to the national law of the country the products are exported to. Everbuild Nutrition is not liable for a possible confiscation of the ordered goods.
9. Monitoring and Complaint.
9.1 The customers need to thoroughly check the delivered goods for any defects within 5 days of delivery.
9.2 Due to the nature of the delivered goods all complaints by a professional customer need to take place within 5 days of finding a defect and must be made in writing to Everbuild Nutrition. The professional customer cannot appeal to non-conformity after this time limit.
10. (Consequences of) Dissolution.
10.1 Everbuild Nutrition is entitled to dissolve the agreement without any legal intervention in case the counterparty is declared bankrupt, files for suspension of payment, is admitted to a statutory debt arrangement scheme or otherwise loses the decision power over his or her capital or parts of it.
10.2 The counterparty is not entitled to dissolve the agreement between Everbuild Nutrition and the counterparty.
10.3 Due to the dissolution of the agreement, accounts receivable on both sides become claimable immediately. The counterparty is legally liable for any damages suffered by Everbuild Nutrition, including but not limited to loss of profit and transport costs.
11. Disputes and applicable law.
11.1 The agreement between Everbuild Nutrition and the counterparty applies to European Union law.
11.2 All differences shall be settled by the Court of Law in the domicile of Everbuild Nutrition unless Everbuild Nutrition lays the difference before a different, according to legal competency rules, able court of law.