TERMS & CONDITIONS FOR THE SUPPLY OF PRODUCTS BY NUEACTIVE B.V
NUEACTIVE B.V., Uiterweg 153D, 1431 AD Aalsmeer, The Netherlands.
This page (and any other documents that are referred to on it) contains the Terms and Conditions on which we supply any of the products listed on our website www.nueactive.com (“our website”) to you. Please read these Terms and Conditions carefully before ordering any products from our website. You should be aware that by ordering any of our products, you agree to be bound by these Terms and Conditions. If you have any questions or feel unsure about any of the content please contact Customer Service before placing an order. We have written these T&C’s with the consumer in mind and have tried to make them as easy to understand as possible. To further enhance your understanding of the terms we have listed some words that are widely used throughout the document.
Here’s the terminology:
• Contract – means any purchase of items from our site between us and you for which these T&C’s are used for.
• Conditions – means the standard T&C’s of the sale, including the Returns Policy and any special terms and conditions confirmed in writing by us.
• Goods – means the products or services which we have sold to you in accordance with our T&C’s
• We – means NUEACTIVE B.V., and “us” and “our” shall hold the same meaning.
• Subscription – means a promise of payment for consecutive issues of a product over a specified period of time
Within these T&C’s we shall use headings to aid your understanding of the document.
ABOUT US
1. If you need to contact us, please contact our Customer Service by email at customercare@NUEACTIVE.com or info@nueactive.com. NUEACTIVE B.V. is available between 10 am till 5 pm, Monday–Friday.
2. Any transaction you enter into with us through our website is entered into with NUEACTIVE B.V, our legal entity which owns the NUEACTIVE brand, and owns and operates this website.
3. Our official company address is:
Uiterweg 153D, 1431 AD Aalsmeer, The Netherlands.
4. Our VAT number is NL 861509134B01, and our company is registered with the Dutch Chamber of Commerce under number 78724295.
ABOUT THE USE OF THIS WEBSITE AND OUR COMMUNICATION
1. Accessing our website means that you automatically agree to our Terms and Conditions. If you do not agree with them then please do not use our website and leave it. Our website is provided to you for your personal use only.
2. If you choose to access this website from outside the NETHERLANDS you are responsible for compliance with local laws if and to the extent local laws are applicable.
3. We have made every effort to display the products as accurately as possible but cannot guarantee that the product images you see displayed on your screen are a totally accurate representation of the actual merchandise due among other reasons to the technical difference in monitors or screens you may use.
4. By placing an order through our website, you confirm that you are legally capable of entering into binding contracts, that the personal information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person.
5. We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website.
6. We may provide links to other websites but if you follow these links you acknowledge and agree that we are not responsible for the availability or content or privacy practices of such external sites.
7. As part of our effort to make further improvements to our services we provide to our customers telephone calls with and by us may be recorded or monitored. We also may monitor incoming and outgoing emails.
8. Our employees and agents are not authorised to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us you acknowledge that you have not relied on any such representations which are not confirmed.
9. All specifications, drawings and particulars of weights, sizes and performance issued by us are approximate only.
MAKING A CONTRACT WITH US
1. When you place an order with us, you are making an offer to buy goods. After receipt of your order we will send you an order acknowledgment email detailing the products and prices you ordered. If you do not receive such an email within 24hrs of placing your order please contact our Customer Services.
2. The order acknowledgment email is an acceptance of your order. Acceptance of your order and formation of the contract will only take place once we have confirmed your card authorisation for your order. This will be displayed on your screen at the time of payment confirmation.
3. You may order a product or submit subscriptions orders online at any time. Your submission of an order amounts to an offer to enter a contract to buy the products from us, and you cannot withdraw or cancel your subscription except as specifically stated in these Terms & Conditions.
4. Please make sure that your SPAM filter does not cause you not getting our messages.
5. When placing an order you have agreed that these Terms and Conditions apply to such order.
RETURNS
We can only accept returns of the entire order unopened. If the security seal on the product is in anyway broken or tampered with we will not refund the product.
Please contact us in case you would like to return goods and we will advise you what to do next. Due to the hygienic nature of our product it must be returned in its original unopened packaging. We will refund you, in line with our returns policy, within 14 days of receiving the order in our office.
CHANGES AND CANCELLATIONS
If you would like to make any modifications to your order, please contact info@nueactive.com with your order number as soon as possible. We will do our best to accommodate your request. We cannot make any changes or cancellations to your order once a shipping confirmation has been issued.
RETURNING FAULTY OR DAMAGED GOODS
If you receive your goods and there is a problem please contact us to discuss the matter further. If the goods are found to be faulty within a reasonable time frame of receiving the items then you may reject them and claim a full refund. If the fault is found later on, or if there is a delay in making a complaint, you will still be entitled to a replacement. If a replacement is not available, you may claim a part or full refund for the faulty goods.
Please Note: No claim for faulty goods can be made if any of the following applies – damage caused deliberately or negligence, improper use or careless maintenance, normal wear and tear, damage caused by not following the care instructions correctly.
In the event that the wrong item/s have been sent to you, we will refund the amount you paid for your purchase, your original shipping costs and any costs incurred on your behalf for the return of the wrong item within 14 days of receiving the product in our office, or when proof of return is given, whichever is earliest.
Please see return process for further details.
COMPLAINTS PROCEDURE
We do our utmost to provide you with the best information, products and services possible. In the case you do have a complaint or other comment to make please contact us by telephone, email or post at the earliest possibility clearly explaining the feedback you have. We will do our best to reply within 2 working days.
DELIVERY
1. We send the goods that you have ordered through POST NL. The place of delivery is deemed to be the shipping/delivery address that you provide in your order.
2. The Buyer (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the goods are destined.
3. We aim to process your order within 24 hours and deliver items in stock within 3-5 working days to most of the NETHERLANDS mainland addresses.
4. If the goods are lost or damaged in transit, please let us know promptly, so that we can make a claim against the carrier. We will offer you the choice of a replacement or a full refund. Please see Returns Policy for further details.
5. The consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
6. In order to receive products from NUEACTIVE, the mailbox of the receiver should be at minimum the following dimensions: 27 cm by 1.6 cm.
DELIVERY CHARGES
1. We post with POST NL and all orders are subject to delivery charge.
2. At this moment in time we do not offer international delivery.
PAYMENT, SUBSCRIPTION & CONSEQUENCES OF LATE PAYMENTS
1. We accept Visa, Mastercard, American Express and iDeal as provided by our payment service provider, STRIPE.
2. All credit card and debit cardholders are subject to validity checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
3. In case you have opted for a subscription, NUEACTIVE B.V., will automatically renew your subscription on a 4 week basis, this will be the anniversary date of your initial subscription – as authorised by you during the subscription sign up process.
4. Payment for each subscription period will be taken ahead of each service period.
5. In case of late payments, for example because of insufficient funds in the account a charge for the amount of €2,- will be debited from your account to cover our extra costs. If payment after the first reminder is not made within the period prescribed therein, NUEACTIVE reserves the right to terminate the service immediately, without prejudice to the right to compensation and the right to collect arrears and to recover the associated collection costs as well as to charge statutory interest.
YOUR ACCOUNT
1. If you use the services of NUEACTIVE B.V., you are responsible for maintaining the confidentiality of your account and passwords, this includes restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
2. If you are under the age of 18, you may use NUEACTIVE B.V. site only with the involvement of a parent or guardian. NUEACTIVE B.V. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
3. The customer is responsible for keeping up to date contact details including delivery address. If an order does not arrive because the contact information is not filled in correctly, NUEACTIVE B.V. will ship the order again within 3 days of receipt of the correct address and charge the extra delivery costs to the customer’s account.
CANCELLATION & RETURN POLICY
1. This cancellation policy does not affect your rights when we are at fault – for example, if goods are sent out in error, faulty of miss-described.
2. You have a legal right to cancel your contract up to 14 days after delivery. To do this please email us or write to us to discuss the matter further. In case of subscription your cancellation needs to be received by us at least five (5) days before the next bill date to prevent being charged for another 4 weeks as applicable.
3. If in case of cancellation or agreed return, goods are failed to be returned to us, we will collect them, and we will charge you the direct cost of the collection.
4. Due to the hygienic nature of our product it must be returned in its original unopened packaging. If the security seal on the product is in anyway broken or tampered with we will not refund the product.
RETUNS PROCESS
1. Please contact us in case you would like to return goods and we will advise you what to do next.
2. Due to the hygienic nature of our product it must be returned in its original unopened packaging. If the security seal on the product is in anyway broken or tampered with we will not refund the product.
3. We will refund you, in line with our returns policy, within 14 days of receiving the order in our office, or when proof of return is given, whichever is earliest.
RETURNING YOUR ENTIRE ORDER
1. You have the right to return your entire order up to 14 days from receiving the products. Due to the hygienic nature of our product it must be returned in its original unopened packaging. If the security seal on the product is in anyway broken or tampered with we will not refund the product.
2. When returning your entire order you will receive a refund for the order you have returned within 14 days of receiving the order in our office, or when proof of return is given, whichever is earliest.
3. Return postage costs, in this case, will be the responsibility of the customer.
Please send your returns to:
NUEACTIVE B.V. – Returns.
NUEACTIVE B.V., Uiterweg 153D, 1431 AD Aalsmeer, The Netherlands.
PRIVACY, SECURITY & COOKIES POLICY
1. For information please see our separate document on Data protection, Cookies, Privacy and Security.
LIABILITY AND INDEMNITY
1. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
2. Our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price of the goods you purchased. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
3. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of income or revenue, loss of data, damage or loss of business, loss of profits or contracts, loss of anticipated savings, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).
4. You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
5. NUEACTIVE B.V. will not be held responsible or liable for any accident or injury caused by any of our products.
COPYRIGHT
1. This website’s content (including text, design, layout, images, and videos) are protected by copyright and are the property of NUEACTIVE B.V.. Any use other than for your own personal and non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission.
JURISDICTION
• These Terms & Conditions and all matters connected with any order you place on our website are governed by Dutch law and you agree to submit to the exclusive jurisdiction of the Dutch courts in relation to all matters connected with, or arising out of, the website or any order you place on the website.
• All dealings between us in connection with our T&C’s and each purchase shall be carried on in the English language.
• You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
GENERAL
• These Terms apply to our information and offer to you, the agreement between us and any related communication. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders.
• In the event of any of these Terms and Conditions to be invalid or unenforceable the remainder of these Terms and Conditions will remain in place. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control which includes any strikes, civil commotion, terrorist attack or threat of terrorist attack, fire, explosion, flood, other natural disaster, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts, decrees, legislation, regulations or restrictions of any government.
• These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
• We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
• Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
Amsterdam, Last updated: 02/02/2021 — 02 February 2021
