General Terms and Conditions of SuperfoodShop

Version valid from 10 January 2013

1. General

1.1 These general terms and conditions apply to all offers made by SuperfoodShop. The conditions are accessible to everyone and included on the internet site of SuperfoodShop. We will send you a written copy on request.

1.2 By placing an order, you indicate your agreement with the delivery and payment terms and conditions. SuperfoodShop reserves the right to change its delivery and/or payment conditions after the expiry of the term.

1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognised by SuperfoodShop.

1.4 SuperfoodShop guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

2. Delivery

2.1 Delivery shall take place while stocks last.

2.2 Under the rules of distance selling, SuperfoodShop will execute orders at least within 30 days. If this is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially carried out, the consumer will be informed within 1 month of placing the order and in that case has the right to cancel the order without costs and notice of default.

2.3 SuperfoodShop's obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the items delivered by SuperfoodShop have been offered once to the client. In case of home delivery, the carrier's report, containing the refusal of acceptance, shall serve as full proof of the offer of delivery.

2.4 All terms mentioned on the internet site are indicative. No rights may therefore be derived from the periods stated.

3. Prices

3.1 Prices will not be increased within the term of the offer, unless statutory measures make this necessary or if the manufacturer implements interim price increases.

3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

3.3 All prices on the site are in Euros and include 6% or 21% VAT.

4. Trial period / right of withdrawal

4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 7 working days without giving reasons. This period starts when the ordered goods have been delivered. If the client has not returned the delivered goods to SuperfoodShop after this period has expired, the sale is a fact. Before returning the goods, the customer must notify SuperfoodShop in writing within 7 working days after delivery. The customer must prove that the delivered items were returned on time, for example through proof of postal delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way on the customer's premises, the right to dissolution within the meaning of this paragraph shall lapse. Subject to the provisions of the previous sentence, SuperfoodShop shall ensure that within 30 days of proper receipt of the returned goods, the full purchase price including the calculated shipping costs will be refunded to the client. Return of the delivered goods shall be entirely at the expense and risk of the customer.

4.2 The right of dissolution, as described in the previous paragraph, shall only apply to the items delivered and shall in no case apply to other services that may be offered via SuperfoodShop. On the latter services, where SuperfoodShop only acts as intermediary or agent, the general conditions of the supplier shall apply.

4.3 The right of withdrawal does not apply to:

- services whose execution, with the consent of the consumer, has started before the period of seven working days
- goods or services whose price is subject to fluctuations on the financial market, over which the supplier has no influence
- goods made to the consumer's specifications, such as custom-made products, or which are clearly of a personal nature
- for goods or services which by their nature cannot be returned, e.g. for reasons of hygiene or which spoil or age quickly
- audio and video recordings and computer software of which the consumer has broken the seal
- the delivery of newspapers and magazines; for betting and lottery services

5. Data management

5.1 If you place an order with SuperfoodShop, your details will be included in SuperfoodShop's customer database. SuperfoodShop abides by the Data Protection Act and will not provide your details to third parties. Please see our Privacy Policy.

5.2 SuperfoodShop respects the privacy of users of the internet site and ensures confidential treatment of your personal data.

5.3 SuperfoodShop sometimes uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.

6. Guarantee and conformity

6.1 The SuperfoodShop guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date of conclusion of the agreement.

6.2 An arrangement offered as a guarantee by Superfoodshop, manufacturer or importer does not affect the rights and claims the consumer may assert against SuperfoodShop under the law and/or the distance agreement with regard to a shortcoming in the fulfilment of SuperfoodShop's obligations.

6.3 The customer is obliged to check the delivered items immediately upon receipt. If it appears that the delivered item is wrong, faulty or incomplete, the customer (before proceeding to return it to SuperfoodShop) must immediately report these defects to SuperfoodShop by e-mail. Any defects or incorrectly delivered goods should and can be reported to SuperfoodShop in writing no later than 2 months after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after noticing defects, damage after noticing defects, encumbrance and/or resale after noticing defects, will void this right to complain and return.

6.4 If complaints by the client are deemed founded by SuperfoodShop, SuperfoodShop shall, at its discretion, either replace the delivered items free of charge or make a written settlement with the client about the compensation, on the understanding that the liability of SuperfoodShop and therefore the amount of compensation shall always be limited to a maximum of the invoice amount of the items in question, or (at the discretion of SuperfoodShop) to the maximum amount covered by the liability insurance of SuperfoodShop in the case concerned. Any liability of SuperfoodShop for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect or consequential damage or damage due to lost profits.

6.5 Superfoodshop is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial personnel.

6.6 This guarantee does not apply if: A) as long as the customer is in default towards SuperfoodShop; B) the customer has repaired and/or modified the delivered items itself or had them repaired and/or modified by third parties. C) the delivered items have been exposed to abnormal conditions or otherwise carelessly treated or have been treated contrary to the instructions of SuperfoodShop and/or instructions for use on the packaging; D) the defectiveness is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used;

7. Offers

7.1 Offers are without obligation, unless otherwise stated in the offer.

7.2 Upon acceptance of a non-binding offer by the client, SuperfoodShop retains the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.

7.3 Verbal commitments shall bind SuperfoodShop only after they have been explicitly confirmed in writing.

7.4 Offers made by SuperfoodShop shall not automatically apply to repeat orders.

7.5 SuperfoodShop cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.

7.6 Additions, amendments and/or further agreements shall only be effective if agreed in writing.

8. Agreement

8.1 An agreement between Superfoodshop and a customer is established after an order assignment has been assessed for feasibility by SuperfoodShop.

8.2 Superfoodshop reserves the right, without giving reasons, not to accept orders or assignments or to accept them only under the condition that they are sent cash on delivery or after advance payment.

9. Images and specifications

9.1 All images; photographs, drawings, etc.; including data on weights, dimensions, colours, images of labels, etc. on the SuperfoodShop internet site are approximate only, are indicative and may not be grounds for compensation or dissolution of the agreement.

10. Force majeure

10.1 SuperfoodShop shall not be liable if and insofar as its commitments cannot be fulfilled as a result of force majeure.

10.2 Force majeure means any foreign cause, as well as any circumstance, which in all reasonableness should not be at its risk. Delay at or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of SuperfoodShop as well as by auxiliary persons, illness of staff, deficiencies in auxiliary or transport means are expressly considered as force majeure.

10.3 SuperfoodShop reserves the right to suspend its obligations in the event of force majeure and is also entitled to partially or fully dissolve the agreement, or to demand that the contents of the agreement be changed in such a way that execution remains possible. Under no circumstances shall Superfoodshop be liable to pay any fine or compensation.

10.4 If SuperfoodShop has already partially fulfilled its obligations when force majeure occurs, or can only partially fulfil its obligations, it shall be entitled to separately invoice the part already delivered or the part that can be delivered, and the customer shall be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or the deliverable part has no independent value.

11. Liability

11.1 SuperfoodShop is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.

12. Retention of title

12.1 Ownership of all items sold and delivered by SuperfoodShop to the customer remains with SuperfoodShop as long as the customer has not paid SuperfoodShop's claims under the agreement or previous or subsequent similar agreements, as long as the customer has not paid the executed or still to be executed activities from these or similar agreements and as long as the customer has not paid the claims of SuperfoodShop for shortcomings in the fulfilment of such agreements, including claims in respect of fines, interest and costs, all as referred to in article 3:92 BW.

12.2 Goods delivered by SuperfoodShop that are subject to retention of title may only be sold on as part of normal business activities and may never be used as a means of payment.

12.3 The customer is not authorised to pledge or otherwise encumber the goods falling under the retention of title.

12.4 The customer gives unconditional and irrevocable permission to SuperfoodShop or a third party to be appointed by SuperfoodShop, in all cases where SuperfoodShop wishes to exercise its property rights, to enter all those places where its property will be located and to take those items there.

12.5 If third parties seize goods delivered under retention of title or wish to establish or assert rights to them, the customer is obliged to inform SuperfoodShop as soon as can reasonably be expected.

12.6 The customer undertakes to insure and keep insured the items delivered under retention of title against fire, explosion and water damage and against theft, and to make the policy of this insurance available for inspection by SuperfoodShop on first request.

13. Applicable law/jurisdiction

13.1 Dutch law shall apply to all agreements.

13.2 Disputes arising from an agreement between SuperfoodShop and the customer, which cannot be resolved in mutual consultation, shall be submitted to the competent court within the district of Rotterdam, unless SuperfoodShop prefers to submit the dispute to the competent court of the domicile of the customer, with the exception of those disputes that fall under the competence of the subdistrict court.