AGB
Article 1 - General
1.1 In these general terms and conditions ("General Terms and Conditions") the following terms are defined:
Lifestyle Investments: The private company Lifestyle Investments B.V., established in (6921RZ) Duiven on the Impact 69h, registered with the Chamber of Commerce under number 81721307. Phone number: +31 18633528
Customer: any natural person, not acting in the exercise of a profession or business, who enters into an Agreement with Lifestyle Investments for the delivery by Lifestyle Investments of Products.
Agreement: an agreement between Lifestyle Investments and Customer under which Lifestyle Investments supplies Products, under any title.
Products: all goods delivered by Lifestyle Investments under the Agreement, including but not limited to powdered foods and dietary supplements.
Website: the websites of Lifestyle Investments, accessible at www.cabaulifestyle.com and all associated subdomains.
Day: calendar day(s).
Written: written and/or electronic.
1.2 These General Terms and Conditions apply to all offers, quotations, order confirmations, Agreements and all related (legal) acts of Lifestyle Investments and the Customer. In case of conflict, the Agreement prevails over the General Conditions.
1.3 The invalidity or non-applicability of one or more provisions, or part of a provision, of these General Terms and Conditions does not affect the operation and validity of the remaining provisions.
1.4 Lifestyle Investments is entitled to make amendments to the General Conditions, which amended General Conditions shall apply from the date notified and after the amended General Conditions have been sent to the Customer.
1.5 Deviations from these General Conditions and from the Agreement are only valid if and insofar as they are expressly confirmed in writing by Lifestyle Investments.
Article 2 - Offer and formation of Agreements
2.1 All offers, quotations, order confirmations and statements made by or on behalf of Lifestyle Investments are entirely without engagement, even if they contain a period for acceptance, and may be withdrawn by Lifestyle Investments at any time.
2.2 Customer can derive no rights from offers, quotations, order confirmations and statements made by or on behalf of Lifestyle Investments that contain an obvious mistake or error.
2.3 Subject to the provisions of Article 2.5 of these General Conditions, an Agreement is concluded at the moment the Customer accepts the offer and fulfils the conditions set out therein.
2.4 If the Customer has accepted the offer electronically, Lifestyle Investments shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by Lifestyle Investments, the Customer may withdraw the acceptance of the offer.
2.5 Lifestyle Investments can - within legal limits - obtain information on whether the Customer can meet its payment obligations, as well as on all those facts and factors that are important for the responsible conclusion of the Agreement. If, on the basis of this examination, Lifestyle Investments has good reason not to enter into the Agreement, it is entitled to refuse an order or application, or to attach special conditions to its implementation.
2.6 Lifestyle Investments is entitled to refuse an order or request that consists of multiple Products with different delivery times.
2.7 At the latest at the time of delivery of the Product, Lifestyle Investments shall send the Customer the following information, in writing or in such a way that the Customer can store it in an accessible manner on a durable data carrier:
the visiting address of the branch of Lifestyle Investments where the Customer can make complaints;
the conditions under which and the way in which the Customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the price of the Product including all taxes, if applicable the costs of delivery and the method of payment, delivery or performance of the Agreement;
if the Customer has a right of withdrawal, the model form for withdrawal.
Article 3 - Prices and payment
3.1 The offered and agreed prices are in Euro and include VAT. Shipping costs are not included in the price and, unless otherwise agreed, are borne by the Customer. For delivery within the Netherlands, Lifestyle Investments charges shipping costs of EUR 6.95 per order. For delivery to Belgium, Lifestyle Investments charges shipping costs in the amount of EUR 8.35 per order. For delivery to Germany, Lifestyle Investments charges EUR 8.95 per order, for other EU countries it charges EUR 12.95 per order and for all other countries worldwide it charges EUR 19.95 per order.
3.2 Payment should be made by one of the payment methods indicated by Lifestyle Investments.
3.3 Payment should be made in Euros, at the latest within fourteen (14) days of the invoice date by transfer to a bank account nominated by Lifestyle Investments.
3.4 The Customer is required to notify Lifestyle Investments immediately of any inaccuracies in payment details provided or stated.
3.5 Lifestyle Investments is entitled to make the invoice to be provided to the Customer available by e-mail only.
3.6 Lifestyle Investments is at all times entitled to require an advance payment from the Customer of up to 50% of the purchase price. In the event that an advance payment has been agreed, Lifestyle Investments is not obliged to implement the Agreement until the Customer has paid the amounts owed by virtue of the agreed advance payment to Lifestyle Investments.
3.7 If the payment period is exceeded and Lifestyle Investments has notified the Customer of the late payment, Lifestyle Investments has given the Customer a period of 14 days to still fulfil its payment obligations and payment has still not been made within this 14-day period, the Customer is due the legal interest on the outstanding amount until the moment of payment of the amount due. In addition, in the event of late payment, all extrajudicial costs incurred to collect the amount owed shall be borne by the Customer.
Article 4 - Delivery and delivery periods
4.1 The delivery periods stated by Lifestyle Investments are never final periods and commence on the day of formation of the Agreement, provided that all data necessary for delivery are made available by the Customer to Lifestyle Investments.
4.2 The place of delivery is the address that the Customer has made known to Lifestyle Investments during the order process.
4.3 Lifestyle Investments is entitled to execute the Agreement in several (partial) deliveries.
4.4 Subject to Article 4.1 of these General Conditions, the Agreement shall be executed with due haste, but at the latest within 30 days, unless the Customer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be executed or can be executed only partially for any reason, Lifestyle Investments will inform the Customer no later than 30 days after the conclusion of the Agreement. In this case, the Customer has the right to dissolve the Agreement without charge.
4.5 In the event of dissolution in accordance with clause 4.4 of this General Conditions, Lifestyle Investments will refund the amount paid by the Customer as soon as possible, but at least within 14 days after dissolution.
Article 5 - Revocation
5.1 The Customer may withdraw from the Agreement during a withdrawal period of 14 days without giving reasons. Lifestyle Investments may ask the Customer to state the reason for the withdrawal, but is not obliged to do so.
5.2 The cooling-off period referred to in Article 5.1 of these General Terms and Conditions commences on the Day after the Customer, or a third party designated by the Customer in advance and other than the carrier, has received the Product, or:
if the Customer has ordered several products in the same Agreement: the Day on which the Customer, or a third party designated by the Customer, has received the last Product;
if the delivery of a Product consists of various (partial) deliveries or parts: the day on which the Customer, or a third party designated by him, has received the last delivery or the last part;
in case of Agreements for regular delivery of Products during a certain period: the day on which the Customer, or a third party designated by him, has received the first Product.
5.3 The Customer exercising the right of withdrawal should notify Lifestyle Investments within the withdrawal period by means of the model withdrawal form provided by Lifestyle Investments in the returns portal at www.cabaulifestyle.com/nl/policies/refund-policy.
5.4 The Customer shall return the Products with convenient speed, but at least within 14 days from the day following the notification referred to in Article 5.3 of these General Terms and Conditions.
5.5 The Customer must return the Products with all accessories, in the original and undamaged condition and packaging and in accordance with the reasonable and clear instructions provided by Lifestyle Investments.
5.6 The Customer cannot claim a right of withdrawal with respect to Products of which the seal or immediate packaging has been broken after delivery.
5.7 If the Customer exercises the right of withdrawal, the costs of returning the Product shall be borne by the Customer. If, upon delivery of the Product, the Customer has opted for a more expensive method of delivery than the standard delivery, the additional costs for the more expensive method of delivery shall be borne by the Customer.
5.8 If the Customer has already made a payment to Lifestyle Investments, Lifestyle Investments will refund this amount with due haste, but at the latest within 14 days after the return or withdrawal. Reimbursement will be made via the same payment method used by the Customer, unless the Customer expressly agrees to a different payment method.
Article 6 - Obligations of the Customer during the cooling-off period
6.1 During the reflection period the Customer must handle the Product and its packaging with care. The Customer should only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the Customer may only handle and inspect the Product as the Customer would be allowed to do in a physical store.
6.2 The Customer is liable for any reduction in value of the Product resulting from an act or manner of handling the Product beyond that permitted in Article 6.1 of these General Conditions. Lifestyle Investments is entitled to charge this depreciation to the Customer, whether or not by setting off this depreciation against the payment received from the Customer.
Article 7 - Complaint policy
7.1 Complaints relating to the implementation of the Agreement should be submitted in writing to Lifestyle Investments within a reasonable time after the Customer has found the defects, fully and clearly described. This can be done by contacting the customer service via www.cabaulifestyle.com/nl/pages/contact.
7.2 A complaint submitted to Lifestyle Investments will be answered within a period of fourteen (14) days after receipt. If a complaint requires a longer processing period, a response will be given within the period of fourteen (14) days with an acknowledgement of receipt and an indication of the period within which the Customer can expect a more detailed response.
7.3 If a complaint is found to be justified by Lifestyle Investments, Lifestyle Investments will, at its discretion, replace or repair the delivered Products free of charge.
Article 8 - Liability
8.1 The Products should be used in strict accordance with the instructions supplied. It is the Customer's own responsibility to examine whether the Products are suitable for the Customer's intended use.
8.2 Lifestyle Investments is not liable for any damage suffered by the Customer, except to the extent that this damage is the direct result of an intentional act or omission or conscious recklessness on the part of Lifestyle Investments.
8.3 Lifestyle Investments' liability towards the Customer is in all cases limited to the invoice value of the Products causing the damage.
Article 9 - Force Majeure
9.1 Lifestyle Investments is entitled to suspend its obligations under the Agreement in the event of force majeure. If the period during which Lifestyle Investments is unable to fulfil its obligations by virtue of the Agreement lasts longer than thirty days, both Lifestyle Investments and the Customer are entitled to dissolve the Agreement by means of a written statement to that effect, without being required or entitled to any compensation.
9.2 If Lifestyle Investments has already partially discharged its obligations by virtue of the Agreement at the time of the onset of the force majeure situation, or if it will only be able to partially discharged its obligations by virtue of the Agreement as a result of the force majeure situation, Lifestyle Investments shall be entitled to charge the Customer in proportion to the goods supplied, as if there were an independent agreement.
Article 10 - Disputes and applicable law
10.1 These General Conditions, as well as the Agreement, are exclusively governed by Dutch law.
Article 11 - SMS MARKETING
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