Terms of service
In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.
- DUTCHSARMS: the user of these general terms and conditions, at Industrieweg 6 8121BZ Olst, registered in the Trade Register under Chamber of Commerce number 82809046.
- Consumer: any natural person, not acting in the exercise of a profession or business, with whom DUTCHSARMS has concluded or intends to conclude an Agreement.
- Parties: DUTCHSARMS and the Consumer jointly.
- Agreement: any purchase agreement concluded between the Parties through the ordering process on the Website, within the framework of which DUTCHSARMS has committed itself to the Consumer for the delivery of Products at a further agreed price.
- Website: https://DUTCHSARMS.nl.
- Products: the items to be delivered by DUTCHSARMS to the Consumer within the framework of the Agreement, which may include various sports and nutritional supplements.
- Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer from DUTCHSARMS, as disclosed on the Website, and to every Agreement that has been concluded.
- Annulment or nullity of one or more of the provisions of these general terms and conditions does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Any offer from DUTCHSARMS is without obligation and is subject to sufficient availability of the Products offered.
- The Consumer cannot derive any rights from an offer from DUTCHSARMS that contains an obvious error or mistake.
- Without prejudice to the provisions of paragraph 1, the Agreement is concluded at the moment that the order has been confirmed by DUTCHSARMS to the Consumer by e-mail.
ARTICLE 4. | RIGHT OF TERMINATION
- Subject to the provisions of the rest of this article and in particular the provisions of the following paragraph, the Consumer may dissolve the Agreement in whole or in part up to 14 days after the Products have been received by or on behalf of him, without stating reasons.
- The Consumer has no right of cancellation in the event of: A) the delivery of Products that are not suitable for return for reasons of health protection or hygiene and of which the seal/direct packaging has been broken after delivery, including at least all supplements whose direct packaging after delivery has been opened; B) the delivery of Products in respect of which the right of termination is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code.
- The Consumer can dissolve the Agreement by sending an e-mail (email@example.com) or by using the model withdrawal form provided by DUTCHSARMS, submit a request to DUTCHSARMS. As soon as possible after DUTCHSARMS has been notified of the Consumer's intention to dissolve the Agreement and if the conditions of this article are met, DUTCHSARMS will confirm the dissolution of the Agreement by e-mail.
- During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The basic principle here is that the Products may only be handled and inspected as would be allowed in a physical store.
- If the Consumer exercises the right of cancellation, he will return the Products to DUTCHSARMS undamaged, with all accessories supplied and in the original condition and packaging.
- The Consumer is liable for any decrease in value of the Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 4. DUTCHSARMS is entitled to charge this decrease in value to the Consumer, whether or not by this depreciation against the payment already received from the Consumer.
- Return of the relevant Products must take place within 14 days after the Consumer has invoked the right of termination in accordance with paragraph 3.
- If the Consumer makes use of the right of dissolution, the costs of returning the Products will be for his account.
- DUTCHSARMS will refund the payment received from the Consumer, minus any depreciation as referred to in paragraph 6, to the Consumer as soon as possible, but no later than 14 days after the termination of the Agreement, provided that the Products have been received back by DUTCHSARMS or by the Consumer has been shown that the Products have actually been returned. If the right of cancellation is only applied to part of the order, any delivery costs paid by the Consumer in the first instance are not eligible for refund. Furthermore, DUTCHSARMS is not obliged to reimburse the additional costs if the Consumer has expressly opted for a method other than the least expensive standard delivery method offered by DUTCHSARMS.
ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY TIMES
- Delivery of the Products takes place by delivery to the delivery address specified by the Consumer.
- DUTCHSARMS reserves the right to deliver orders in instalments. In that case, the possible reflection period of the Consumer in connection with the right of dissolution only starts at the moment that the last partial delivery from the order has been received by or on behalf of the Consumer.
- The risk of loss and damage to the Products transfers to the Consumer at the moment that the Products have been received by or on behalf of the Consumer.
- DUTCHSARMS makes every effort to comply with the delivery term agreed between the Parties. However, all delivery times stated by DUTCHSARMS can only be regarded as indicative, non-fatal terms. In the event of an (expected) delayed delivery, DUTCHSARMS will make every effort to inform the Consumer by e-mail as soon as possible. The default of DUTCHSARMS does not take effect until after the Consumer has given DUTCHSARMS written notice of default, in which notice a reasonable term is stated within which DUTCHSARMS can still fulfill its delivery obligation and the fulfillment thereof has still not occurred after the expiry of the latter period.
- If the agreed delivery period is exceeded, the Consumer is never entitled to refuse to accept the Products to be delivered and to fulfill the other obligations under the Agreement.
- If DUTCHSARMS incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will additionally be borne by the Consumer.
ARTICLE 6. | CONFORMITY
- DUTCHSARMS guarantees that the Products comply with the Agreement and thus have the properties necessary for normal use (conformity).
- The Consumer's right to lodge a claim or defense in connection with the existence of a defect with regard to a Consumer Purchase lapses if no complaint has been made to DUTCHSARMS within two months after discovery of the defect by the Consumer.
- No grounds for complaints and claims for non-conformity, are defects of Products as a result of an external cause after delivery or as a result of another circumstance that cannot be attributed to DUTCHARMS. This does not include, but is limited to, defects as a result of damage, war damage, incorrect or injudicious storage and incorrect or injudicious use.
- Subject to the provisions of article 4, products can never be returned without the prior Written permission of DUTCHSARMS.
ARTICLE 7. | FORCE MAJEUR
- DUTCHSARMS is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted standards (force majeure). Force majeure, in addition to what is understood in the law and jurisprudence, includes errors or shortcomings of suppliers of DUTCHSARMS, transport difficulties, epidemics, pandemics, disease, fire, measures taken by any government, violent or armed actions, disruptions in communication connections or in equipment or software from DUTCHSARMS or third parties.
- If the force majeure situation makes the fulfillment of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.
- If DUTCHSARMS has already partially fulfilled its delivery obligations at the commencement of the force majeure situation, or can only partially fulfill its delivery obligations, it is entitled to separately charge for the part already delivered or the part that can still be delivered, respectively, as if there were an independent Agreement.
- Without prejudice to the application of the previous paragraph, damage as a result of force majeure is never eligible for compensation.
ARTICLE 8. | PRICES & PAYMENTS
- Before the Agreement is concluded, the total price is stated, including VAT and any delivery costs.
- Payment must be made to one of the payment methods designated by DUTCHSARMS and within the term specified by DUTCHSARMS or at the time indicated by DUTCHSARMS.
- DUTCHSARMS is entitled to make the invoices to be issued to the Consumer available to him exclusively by e-mail.
- If advance payment has been agreed, DUTCHSARMS is not obliged to implement the Agreement until after the Consumer has paid the amounts owed by him to DUTCHSARMS under the Agreement.
- If timely payment is not made, the Consumer will be in default by operation of law. From the day the Consumer is in default, the Consumer owes the statutory interest applicable at that time on the outstanding amount.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the Consumer, will be borne by the Consumer, one other person in accordance with the Collection Costs Act.
ARTICLE 9. | LIABILITY AND INDEMNITY
- The Consumer bears the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Consumer bears the damage caused by a shortcoming in the fulfillment of the Consumer's obligations arising from the law or the Agreement, as well as another circumstance that cannot be attributed to DUTCHSARMS.
- The liability of DUTCHSARMS is limited to a maximum of the invoice value of the Agreement, at least to that part of the Agreement to which the liability of DUTCHARMS relates, on the understanding that this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Civil Code.
- The Consumer indemnifies DUTCHSARMS against any claims from third parties who suffer damage in connection with the implementation of the Agreement and the cause of which is attributable to others than DUTCHSARMS.
ARTICLE 10. | COMPLAINT POLICY
- Complaints with regard to the implementation of the Agreement must be submitted within a reasonable time, fully and clearly described, by e-mail (firstname.lastname@example.org) to be submitted to DUTCHSARMS.
- Complaints submitted to DUTCHSARMS will be answered within a period of fourteen days after receipt. If a complaint or question requires a longer processing time, an answer will be given within the period of fourteen days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
- If a complaint from a Consumer cannot be resolved by mutual agreement, the Consumer can submit the dispute to the Disputes Committee via the ODR platform (europa.eu/consumers/odr/).
ARTICLE 11. | FINAL PROVISIONS
- All Products delivered by DUTCHSARMS to the Consumer remain the property of DUTCHSARMS until the Consumer has fulfilled all his payment obligations in this regard.
- Dutch law is exclusively applicable to each Agreement and all legal relationships arising from it between the Parties.
- The parties will not appeal to the court until they have made the best possible effort to settle the dispute in mutual consultation.
Legal disclaimer of DUTCHSARMS.nl, read:
The chemicals/materials for sale here are for laboratory and research purposes only, unless explicitly stated otherwise. They are not intended for ingestion by humans or for use in products that can be swallowed. You must be at least 21 (twenty-one) years of age to purchase any goods on this website. The inclusion of any material on this website does not constitute a license or recommendation for its use in violation of any patent. It is understood that all products purchased here are handled only by qualified and trained persons.
When purchasing these products, the customer acknowledges that there are dangers associated with their handling and use. Customer represents and warrants to us that, based on Customer's own independent assessment and study, it is fully aware and knowledgeable of (I) the health and safety risks associated with handling the Products purchased; (II) industrial hygiene controls necessary to protect workers from such health and safety risks; (III) the need to provide adequate warnings about health and safety risks associated with products; and (IV) governmental regulations regarding the use of and exposure to such products. We reserve the right to restrict the sale of products or not to sell products to unqualified customers.
In no event shall DUTCHSARMS.nl, or any of its affiliates, be liable for special, incidental or consequential damages, whether the buyer's claim is in contract, negligence, strict liability or otherwise. For the purpose of selling the product to the purchaser, which we otherwise would not sell, the purchaser agrees to indemnify and hold harmless DUTCHARMS.nl from all claims, expenses, losses and liabilities of any kind arising out of the purchaser's handling and/or use of any product sold here, alone or in combination with another substance, regardless of its origin.
Use of the products:
The products we offer are for research purposes only, unless expressly stated otherwise. The uses not intended for products sold here include, but are not limited to, in vitro diagnostic purposes, in food, medicine, medical devices or cosmetics for humans or animals or for commercial purposes.
The purchaser acknowledges that the products have not been tested by the supplier for safety and efficacy in food, medicine and medical devices, cosmetic, commercial or any other use. Buyer expressly represents and warrants to supplier that Buyer will properly test and use all products purchased from supplier and/or materials produced from products purchased from supplier in accordance with the practices of a reasonable person an expert in an appropriate scientific field of study in strict accordance with all applicable national regulations, now and hereafter.
Buyer realizes that, unless otherwise noted, Supplier Products are primarily for research purposes and nothing else.
The purchaser is responsible for verifying the hazards and conducting any further investigations necessary to learn the hazards associated with the use of products purchased from the supplier. Buyer also has a duty to warn Buyer's customers and any auxiliary personnel (such as cargo handlers, etc.) of any risks involved in using or handling the products.
The purchaser agrees to abide by the instructions, if any, provided by the supplier regarding the use of the products and not misuse the products in any way.
Buyer agrees that any products herein are not intended for resale purposes. If the products purchased from the supplier are repackaged, relabelled, or used as starting materials or components of other products, the buyer will verify the supplier's rating of the products.
All products and services offered are intended for laboratory and research activities only.
By placing orders with us, the buyer understands that under no circumstances should these chemicals/materials be used in an inappropriate manner. No products may be used here for recreational purposes or human consumption. All purchasers are assumed and expected to be qualified investigators.
The buyer agrees to the terms of this website.