Terms and conditions

Terms and Conditions based on model terms of Stichting WebwinkelKeur

Table of Contents

  • Article 1 – Definitions
  • Article 2 – Identity of the Entrepreneur
  • Article 3 – Applicability
  • Article 4 – The Offer
  • Article 5 – The Agreement
  • Article 6 – Right of Withdrawal
  • Article 7 – Costs in Case of Withdrawal
  • Article 8 – Exclusion of the Right of Withdrawal
  • Article 9 – The Price
  • Article 10 – Conformity and Warranty
  • Article 11 – Delivery and Execution
  • Article 12 – Duration Transactions: Duration, Termination, and Renewal
  • Article 13 – Payment
  • Article 14 – Complaint Procedure
  • Article 15 – Disputes
  • Article 16 – Additional or Differing Provisions of the General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
  2. Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  3. Day: Calendar day.
  4. Duration transaction: A distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
  5. Durable medium: Any device that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future access and unaltered reproduction of the stored information.
  6. Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  7. Model withdrawal form: The form provided by the entrepreneur that the consumer can fill out if they wish to exercise their right of withdrawal.
  8. Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.
  9. Distance contract: A contract concluded within the framework of an organized system for distance sales of products and/or services, using only one or more techniques for distance communication until the conclusion of the contract.
  10. Technique for distance communication: A means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time.
  11. General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Peptide Test Service
Pasteurstraat 16-G18
7316 GV Apeldoorn, The Netherlands
Telephone: [number available via contact page]
Email: [accessible via contact page]
Chamber of Commerce number: 61959839
VAT number: NL001657231B05

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to any agreement concluded between the entrepreneur and the consumer, including distance contracts and orders.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge upon the consumer’s request.
  3. If the distance contract is concluded electronically, these terms and conditions can be made available electronically to the consumer in such a way that they can be easily stored on a durable medium. If this is not possible, the consumer will be informed where the terms can be accessed electronically or that they can be sent electronically or by other means free of charge upon request.
  4. In the event that specific product or service conditions apply in addition to these general terms, the second and third paragraphs will apply, and the consumer may rely on the most favorable applicable provision in the event of conflicting terms.
  5. If any provision in these terms and conditions is wholly or partially void or annulled, the agreement and the terms will remain valid, and the voided provision will be replaced by a provision that closely approximates the intent of the original.
  6. Situations not covered by these terms and conditions must be assessed in accordance with the spirit of these terms and conditions.
  7. Any uncertainties regarding the interpretation or content of one or more provisions should be clarified in line with the spirit of these terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, they must be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  4. All images, specifications, and data provided in the offer are indicative and cannot be grounds for any claim for damages or dissolution of the agreement.
  5. Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.
  6. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
    • The price, including taxes;
    • Any shipping costs;
    • How the agreement will be formed and what actions are required;
    • Whether or not the right of withdrawal applies;
    • The method of payment, delivery, and execution of the agreement;
    • The deadline for accepting the offer or the period within which the entrepreneur guarantees the price;
    • The rate for remote communication if the costs are calculated differently than the regular basic rate for the communication method used;
    • Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
    • How the consumer can check and, if necessary, correct the information provided as part of the agreement before finalizing it;
    • The languages in which, besides Dutch, the agreement can be concluded;
    • The codes of conduct to which the entrepreneur adheres and how the consumer can consult these electronically;
    • The minimum duration of the remote agreement in case of long-term transactions.

Article 5 – The Agreement

  1. The agreement is concluded when the consumer accepts the offer and meets the stated conditions, subject to the provisions in paragraph 4.
  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed this acceptance, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may, within legal boundaries, gather information about whether the consumer can fulfill their payment obligations, as well as any relevant facts and factors needed for responsibly entering into a remote agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions to the execution.
  5. The entrepreneur will provide the following information in writing or in a way that allows the consumer to store it on a durable medium, along with the product or service:
    • The address of the entrepreneur’s business where the consumer can lodge complaints;
    • The conditions and method for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
    • Information about existing after-sales services and warranties;
    • The information specified in Article 4, paragraph 3, unless already provided to the consumer before the execution of the agreement;
    • The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.
  6. For long-term transactions, the provisions in the previous paragraph apply only to the first delivery.
  7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts the day after the consumer or a pre-designated representative receives the product.
  2. During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to decide whether to keep it. If the consumer exercises their right of withdrawal, they will return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the provided clear instructions.
  3. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product, using the model form or another method like email. After this notification, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for instance, by providing proof of shipment.
  4. If the consumer does not notify the entrepreneur of their intention to withdraw within the deadlines specified in paragraphs 2 and 3, or does not return the product, the purchase becomes final.

For the delivery of services:

  1. When providing services, the consumer can dissolve the agreement without giving any reason for at least 14 days from the date the agreement was concluded.
  2. To exercise the right of withdrawal, the consumer must follow the clear instructions provided by the entrepreneur at the time of the offer and/or at the time of delivery.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, they will only bear the cost of returning the goods.
  2. If the consumer has paid any amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the entrepreneur or sufficient proof of return has been provided. The refund will be made using the same payment method the consumer used, unless the consumer agrees to a different method.
  3. The consumer is liable for any reduction in value of the product if it results from careless handling beyond what is necessary to determine its nature and characteristics.
  4. The consumer cannot be held liable for any reduction in value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before concluding the agreement.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur can exclude the right of withdrawal for specific products as described in paragraphs 2 and 3. This exclusion applies only if the entrepreneur clearly stated this in the offer or before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • That are custom-made according to the consumer’s specifications;
    • That are clearly personal in nature;
    • That cannot be returned due to their nature;
    • That spoil or age quickly;
    • Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
    • For loose newspapers and magazines;
    • For audio and video recordings and computer software where the seal has been broken by the consumer;
    • For hygiene products where the seal has been broken by the consumer.
  3. Exclusion of the right of withdrawal is only possible for services:
    • Related to accommodation, transport, restaurant services, or leisure activities on a specific date or during a specific period;
    • Whose delivery has begun with the consumer’s explicit consent before the reflection period has ended;
    • Related to betting and lotteries.

Article 9 – The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. The link to these fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
  3. Price increases within 3 months after concluding the agreement are only allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after concluding the agreement are only permitted if the entrepreneur has stipulated this and:
    • They result from legal regulations or provisions; or
    • The consumer has the right to terminate the agreement from the day the price increase takes effect.
  5. The prices mentioned in the offer for products or services include VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can exercise based on the agreement against the entrepreneur.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery.
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the product’s suitability for every specific application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The consumer has repaired and/or modified the delivered products or had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the entrepreneur’s instructions and/or packaging;
    • The defect is entirely or partially due to government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The delivery address is the one that the consumer has provided to the company.
  3. In accordance with what is stated in paragraph 4 of this article, the company will carry out accepted orders with reasonable speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without any cost. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any indicated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
  5. In case of termination according to paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The consumer will be informed clearly and understandably, at the latest upon delivery, that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
  7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative who has been notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:
    • At any time and not be restricted to termination at a specific time or in a specific period;
    • At least in the same manner as they were entered into by the consumer;
    • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

  1. A fixed-term agreement that involves the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a fixed period.
  2. Contrary to the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the renewal with a notice period of no more than one month.
  3. A fixed-term agreement that involves the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in cases where the agreement is for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer is obliged to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
  3. In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
  4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, a consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The online store is currently not affiliated with a dispute resolution body.
  6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions of the General Terms and Conditions

Additional or deviating provisions from these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

In addition to the terms, it is agreed that the base used for conducting the HPLC test will be H2O. As a result, there may be slight variations in the test results. However, we will do everything within our capabilities to minimize this as much as possible.

Secondly, no legal rights can be derived from these results. Additional tests are required for that purpose. The results can provide some assurance about the sample. Thirdly, we are unable to return any samples, and you acknowledge that all samples are destroyed after the tests are conducted.

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