General terms and conditions and disclaimer

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Applicable to:

These terms and conditions and disclaimer apply to any agreement reached at a distance between AlkaLife and consumer and to any offer made by AlkaLife

Contents:

  1. 1. Company Details
  2. 2. Definitions
  3. 3. Applicability
  4. 4. The Contract
  5. 5. The Offer
  6. 6. Prices
  7. 7. Payment
  8. 8. Right of Withdrawal upon Delivery of Products
  9. 9. Delivery and Processing
  10. 10. Force Majeure
  11. 11. Disclaimer
  12. 12. Limited Liability
  13. 13. Complaints Procedure
  14. 14. Amendments to the General Terms and Conditions and Disclaimer AlkaLife Europe B.V.
  15. 15. Applicable Law

 


1. Company Details


AlkaLife Europe B.V. , trading under the name of AlkaLife Europe

Address:
C/ Manel Farres 97, Local 6
08190 Sant Cugat del Valles
Barcelona
España

Telephone number:
E-mail address:
VAT registration number:
Chamber of Commerce number:
+34 93 176 11 90
office |AT| alkalife-europe.com                             (“ |AT| ” reemplazar por @)
NL 8229.06.521.B01
50723634


Company hereinafter referred to as: Alkalife;


2. Definitions


  • Consumer:  the natural person who does not act in a professional or commercial capacity and who enters into a distance contract with AlkaLife;
  • Technique for distance communication: means that can be used for concluding a contract, without the Consumer and AlkaLife being in physical proximity of each other such as, but not limited to, fax, telephone and internet;
  • Distance contract: a contract whereby exclusive use is made of one or more techniques for distance communication within the framework of a system organized by the vendor or service provider (AlkaLife) for the distance sale of products and/or services, up to and including the time at which the contract is concluded;
  • Right of withdrawal: the possibility for the Consumer to cancel the distance contract within the withdrawal period;
  • Withdrawal period: the period within which the Consumer can make use of his right of withdrawal;
  • Day: one calendar day;
  • Durable data carrier: every means that enables the Consumer or the Company to store information addressed personally to him/her in a way that allows future reference and unchanged reproduction of the information stored;

3. Applicability

3.1 These General Terms and Conditions and Disclaimer apply to all offers by AlkaLife and to every distance contract which is formed between AlkaLife and the Consumer.
3.2 Prior to the conclusion of a distance contract, the text of these General Terms and Conditions and Disclaimer will be made available to the Consumer by AlkaLife. The Consumer should, prior to every order, examine these and accept them by ticking the appropriate field during the order process. After completion of the order process, the contract is concluded and confirmation of conclusion of contract will be sent to the Consumer by e-mail, together with a copy of these conditions. In addition, these conditions can always easily be found, printed and stored on all AlkaLife websites.
3.3 For contracts between AlkaLife and non-consumers or for contracts which are not distance contracts, the following varying general terms and conditions apply: 'Sales and Delivery Conditions and Disclaimer AlkaLife Europe – Corporate Market'. These conditions can be found on http://www.alkalife-europe.com and are also available on request by sending an e-mail to the following e-mail address: “office |at| alkalife-europe.com”      (“ |AT| ” replace by @)

4. The Contract

4.1 The contract is formed, subject to what is stipulated in Para 4.5 of this Article, once the Consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
4.2 If the consumer has accepted the offer electronically, AlkaLife will immediately confirm receipt of acceptance of the offer electronically.
4.3 If the offer is accepted electronically, AlkaLife will take suitable technical and organizational measures to secure the electronic transfer of data. If the Consumer can pay electronically, AlkaLife will take suitable security measures. In this context, AlkaLife will ensure a secure web environment.
4.4 Together with the confirmation of the offer, AlkaLife will also send a copy of these conditions together with all other relevant information, in such a way that the Consumer can store it on an accessible durable data carrier.
4.5 AlkaLife may obtain information, within statutory frameworks, about the consumer's ability to fulfil his payment obligations, as well as facts and factors that are important for entering into the distance contract responsibly. If that research gives the Company proper grounds for declining to enter into the contract, it has the right to refuse an order or application or to attach special conditions to the processing of it.

5. The Offer

5.1 AlkaLife will explicitly state if an offer is subject to a limited validity period or is made subject to conditions.
5.2 The offer contains a complete, accurate and detailed description of the products and/or services offered. If any illustrations are used with the offer, they will be true representations of the products and/or services offered. AlkaLife is not bound by obvious errors or mistakes in the offer.
5.3 AlkaLife will clearly state for each offer;
- the price including taxes;
- any costs of delivery;
- the method of delivery, payment or processing of the contract;
- the code of conduct to which the Company is subject and the way in which the Consumer can consult this code electronically;
- the way in which the Consumer can access the contract, if this is filed after its formation;

6. Prices

6.1 All prices of the products or services offered include VAT. Offers do not contain hidden extra costs, such as taxes (VAT) and cost of packaging or shipping. If such costs are applicable, the offer will clearly indicate so.
6.2 The prices of AlkaLife products are very much subject to fluctuations in the financial markets. AlkaLife therefore reserves the right to change the prices of its products offered at any time.
6.3 In some cases, AlkaLife may give a, possibly temporary, discount on prices. This could involve quantity discounts (orders of the same articles at one time) or one-off discounts on the total amount of the order. No rights can be derived from these discounts. AlkaLife reserves the right to grants these discounts.

7. Payment

7.1 The amounts due can be paid by the Consumer in the following ways:
- MasterCard - credit card
- Visa - credit card
- Payment in advance by bank wire
- Direct e-Banking
- Giro Pay

AlkaLife may extend the methods of payment in the future. Any other methods of payment will be posted on the websites.
7.2 The Consumer is bound to pay the amount due at the moment of his order as confirmation of his offer to enter into the contract.
7.3 If the Consumer opts for payment by credit card, the conditions of the credit card issuer concerned apply. AlkaLife is no party in the relationship between the Consumer and their card issuer.
7.4 If the Consumer opts for 'payment in advance by bank', the amount due must reach AlkaLife within 72 hours, counting from sending the confirmation e-mail. If this is not the case, AlkaLife has the right to cancel the order.
7.5 The product remains the property of AlkaLife until full payment of all amounts due to AlkaLife is paid. If payment for whatever reason is reversed, the product will immediately and automatically become the property of AlkaLife once again.

8. Right of Withdrawal upon Delivery of Products

8.1 When purchasing products, the Consumer has the possibility to terminate the contract, without giving any reason, during seven (7) days; the withdrawal period. This period commences from the day of receipt of the product by, or on behalf of, the Consumer.
8.2 Given the nature of the products and with that the important role of hygiene in relation to the products, a limited right of withdrawal applies; if the Consumer wishes to exercise the right of withdrawal, he will return the product in its unopened packaging, in accordance with the reasonable and clear instructions provided by AlkaLife. Once the packaging has been opened, it will not be entitled to the right of withdrawal.
8.3 If a Consumer makes use of his right of withdrawal, he shall be responsible for the costs of returning the goods only.
8.4 In a case of withdrawal, the sum paid to AlkaLife by the Consumer will be refunded by AlkaLife within 14 days after AlkaLife has received the returned goods.

9. Delivery and Processing

9.1 AlkaLife will endeavour to dispatch orders placed before 16.00 hrs on the same day, provided that the products are in stock. Delivery within Europe will take place normally within 2 to 7 working days..
9.2 Delivery time for products which are out of stock are approximate only.
9.3 Orders may be delivered and/or invoiced in parts. Every part delivery is considered to form a separate contract.
9.4 AlkaLife will exercise the utmost care in receiving and processing orders for products and in assessing other services.
9.5 AlkaLife recognizes electronic communication and will not deny its validity or legal effect purely because of the fact that the communication is electronic.
9.6 Should delivery of a product that has been ordered prove impossible, AlkaLife has the right to terminate the contract and AlkaLife will refund any amount paid within 14 days.
9.7 The risk of loss and/or damage of products until the time of delivery will be borne by AlkaLife.

The moment the carrier used by AlkaLife indicates that the parcel has been delivered, the shipment is considered delivered.
9.8 The place of delivery is deemed to be the address that the Consumer has communicated to AlkaLife. Any costs arising from incorrect address details entered by the Consumer are at the expense and risk of the Consumer.

10. Force Majeure

10.1 In the event of Force Majeure, AlkaLife is not bound to perform its obligation towards the Consumer, respectively the performance of the obligation is suspended for the duration of the Force Majeure.
10.2 The term 'Force Majeure' is taken to mean all circumstances outside its control, which prevents it performing its obligation, partially or fully, towards the Consumer. These circumstances include, but are not limited to, strikes, fire, operational failures, power failures, non-delivery or overdue delivery by suppliers or any other third parties engaged and the absence of any government licence. The term 'Force Majeure' is also taken to mean malfunctioning of any telecommunications or other network connection of the communication systems used and/or the unavailability of its websites at any time.

11. Disclaimer

11.1 AlkaLife products are food supplements according to the definition of EU Directive Number 2006/46/EG, 10 June 2002.
All information and recommendations provided by AlkaLife concerning these food supplements have been compiled with the utmost care and is provided solely as no-obligation information taking into account the state-of-the-art science, but without being exhaustive and perfectly up-to-date.
11.2 You should consult your doctor or specialist before you start using the food supplements. All information in the descriptions on these websites, including information related to medical issues, health complaints, treatments and products, is for information purposes only. The information is not intended as a substitute for professional advice from your own doctor or specialist. The information in these descriptions is not intended to diagnose health problems or to prescribe medication. You should carefully read this information, before you start using the products that you have purchased. Food supplements should not be used as a substitute for a varied diet.
11.3 AlkaLife food supplements are designed to improve a person's general state of health. However, they cannot be considered as means to diagnose, treat, cure or prevent illness. Before use, consult your doctor about any questions concerning the compatibility of these food supplements with your medical condition or any medication you take.

12. Limited liability

12.1 AlkaLife cannot be held liable for misuse, careless use or the use of these food supplements, either in dose, in storage, in conditioning or reconditioning and/or in use together with other products or medication. Nor can AlkaLife be held liable for any consequences arising from the information and recommendations supplied.
12.2 AlkaLife cannot be held liable for compensation for whatever damage, be it of a foreseeable or unforeseeable, or direct or indirect nature. Nor can AlkaLife be held liable for compensation for damage caused by whichever mistake, be it a slight mistake or a serious one, with the exception of a wilful mistake.
12.3 Without prejudice to Para 12.2, AlkaLife is never bound to more compensation than replacement of the product or repayment of the purchase price, this according to its choice and possibilities.
12.4 Naturally, in cases of force majeure, AlkaLife cannot be sued for non-performance of its obligations.

13. Complaints Procedure

13.1 AlkaLife does everything in its power to communicate and take on obligations with its customers in an honest and sincere way. AlkaLife applies a straightforward complaints procedure which aims to handle and settle complaints normally within 30 days.
13.2 If the Consumer has a complaint about a product, an offer, communication or a contract, he should submit this complaint to AlkaLife within a reasonable period after finding defects.
13.3 Please send your correspondence with regard to complaints to:

AlkaLife Europe
Attn: Customer Service
C/ Manel Farres 97, Local 6
08190 Sant Cugat del Valles
Barcelona
España

Or send an e-mail to “customerservice|AT| alkalife-europe.com”        (“ |AT| ” replace by @)

For more information, you can also contact our Customer Service by telephone on number: +34 93 176 11 90
13.4 AlkaLife will deal with and reply to the complaint submitted as soon as possible, but within no more than 14 days after receipt. If it is anticipated that a complaint will require a longer processing time, the Consumer will receive a reply within 14 days confirming receipt and an indication of when he can expect a more comprehensive reply.

14. Amendments to the General Terms and Conditions and Disclaimer AlkaLife Europe B.V.

14.1 AlkaLife reserves the right to adjust or amend these General Terms and Conditions and Disclaimer at any time.
14.2 Adjustments or amendments to these General Terms and Conditions and Disclaimer will come into effect the moment the Consumer can examine them. This condition is met, among other things, the moment the General Terms and Conditions and Disclaimer concerned are available online via the AlkaLife websites in question. To this effect, the electronic files are considered to be proof.
14.3 Adjustments or amendments to these General Terms and Conditions and Disclaimer do not affect rights already acquired by AlkaLife.

15. Applicable law

15.1 All offers and contracts are governed exclusively by the laws of the Netherlands.
15.2 The applicability of the Vienna Convention on the International Sale of Goods is expressly excluded.
15.3 Any disputes related to or arising from offers from AlkaLife or contracts concluded with AlkaLife will be submitted to the court having territorial jurisdiction in 's-Hertogenbosch, the Netherlands, unless the law specifically designates another court as competent.



Barcelona, España
Version 1.0 – Julio 2011