Terms & Conditions
General Terms & Conditions
General terms and conditions of LIFEAID Beverage Company Europe B.V. registered office located in Haarlem, with an office at Jan van Krimpenweg 9M, 2031CE, registered at the Chamber of Commerce under number 77589289, email address: [email protected], phone number: +31 850 478 078.
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
- Reconsideration period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Long-term agreement: an agreement aimed at the regular supply of goods, services, and/or digital content over a certain period;
- Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and which allows the unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's possibility to withdraw from the distance agreement within the reconsideration period;
- Entrepreneur: the Counterparty acting in the course of a profession or business;
- Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, where, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
- Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be made available if the consumer does not have the right of withdrawal regarding their order;
- Technique for distance communication: a means that can be used to conclude an agreement without the simultaneous physical presence of the consumer and entrepreneur.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
- Before the conclusion of the distance agreement, the content of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before concluding the distance agreement, indicate how the general terms and conditions can be accessed by the consumer at the entrepreneur's location and that they will be sent to the consumer free of charge upon request as soon as possible.
- If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the conclusion of the distance agreement, the content of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated before concluding the distance agreement where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request by electronic means or by other means.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the case of conflicting conditions, the consumer may always invoke the applicable provision that is most favorable to them.
Article 4 - The offer
- If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The Agreement
- The agreement, subject to what is stipulated in section 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur promptly confirms electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- Within legal frameworks, the entrepreneur may - become informed whether the consumer can meet their payment obligations, as well as of all those facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse a specific order or request with justification or to attach special conditions to its execution.
Upon delivery of the product, service, or digital content to the consumer, the entrepreneur will include the following information in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:
- the visiting address of the entrepreneur's establishment where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model withdrawal form. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of Withdrawal
- The consumer may dissolve an agreement regarding the purchase of a product within a reflection period of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to provide their reason(s).
The reflection period mentioned in section 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided they have clearly informed the consumer of this before the ordering process.
- if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
- for agreements for regular delivery of products during a specified period: the day on which the consumer, or a third party designated by them, received the first product.
For Services and Digital Content not supplied on a tangible medium:
- The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel the consumer to provide their reason(s).
- The reflection period mentioned in section c starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not supplied on a tangible medium if no information is provided about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the period determined in accordance with the preceding sections of this article.
- If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months of the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 - Consumer's Obligations during the Reflection Period
- During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The guiding principle here is that the consumer may handle and inspect the product as they would be allowed to do in a store.
- The consumer is liable only for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
- The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them, before or upon concluding the agreement, with all the legally required information regarding the right of withdrawal.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Its Costs
- If the consumer exercises their right of withdrawal, they shall notify the entrepreneur of this within the reflection period by means of the model withdrawal form or in any other unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or an authorized representative). This is not necessary if the entrepreneur has offered to collect the product themselves.
- The consumer has observed the return period if they return the product before the end of the reflection period. The consumer shall return the product with all delivered accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not communicated that the consumer has to bear these costs or if the entrepreneur has stated that they will bear the costs themselves, the consumer does not need to bear the costs of returning the product.
Article 9 - Entrepreneur's Obligations in Case of Withdrawal
- If the entrepreneur enables the consumer to make the withdrawal notification electronically, the entrepreneur shall promptly send a confirmation of receipt upon receiving this notification.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer notified them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may delay the refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever occurs earlier.
- The entrepreneur shall use the same means of payment for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive delivery method than the standard one, the entrepreneur is not obliged to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement:
- Products or services whose price is dependent on fluctuations in the financial market that the entrepreneur cannot control and that may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
- Service agreements after full performance of the service, but only if: the performance started with the explicit prior consent of the consumer; and the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
- Package travel as defined in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
- Service agreements for the provision of accommodation if a specific date or period of performance is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering; agreements concerning leisure activities if a specific date or period of performance is provided in the agreement;
- Custom-made products produced according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer or are clearly intended for a specific person;
- Products that perish quickly or have a limited shelf life;
- Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose sealing has been broken after delivery;
- Products that, by their nature, are irrevocably mixed with other products after delivery;
- Alcoholic beverages for which the price was agreed upon at the time of the agreement but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market that the entrepreneur cannot control;
- Sealed audio, video recordings, and computer software whose sealing has been broken after delivery;
- Newspapers, journals, or magazines, except for subscriptions to these;
- The delivery of digital content not on a tangible medium, but only if: the performance started with the explicit prior consent of the consumer; and the consumer has declared that they lose their right of withdrawal in doing so.
Article 11 - The Price
- During the validity period mentioned 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.
- Contrary to the previous clause, the entrepreneur may offer products or services with prices linked to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This dependency on fluctuations and the indication, if any, that the prices mentioned are guide prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: they result from legal regulations or provisions, or the consumer has the authority to terminate the agreement from the day the price increase takes effect.
- The prices stated in the offer of products or services include VAT. For our B2B customers the prices stated in the offer of products or services exclude VAT.
Article 12 - Fulfillment of Agreement and Additional Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.
- An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims the consumer can assert against the entrepreneur based on the agreement if the entrepreneur fails to meet their part of the agreement.
- An extra warranty is understood to mean any commitment by the entrepreneur, their supplier, importer, or manufacturer that grants specific rights or claims to the consumer that go beyond what they are legally obliged to provide if they fail to meet their part of the agreement.
Article 13 - Delivery and Execution
- The entrepreneur shall observe the utmost care when receiving orders for products and assessing requests for the provision of services and when executing these orders.
- The place of delivery is the address communicated by the consumer to the entrepreneur.
- Taking into account what is stipulated about this in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but no later than within 30 days, unless a different delivery period has been agreed upon. If there is a delay in delivery, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement at no cost and is entitled to compensation.
- After dissolution in accordance with the previous clause, the entrepreneur shall promptly reimburse the amount paid by the consumer.
- The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.
- If the consumer has chosen standard delivery and the order could not be delivered to the specified address on the first or second attempt, resulting in the parcel being subsequently returned to sender, the entrepreneur will issue a refund or offer a maximum of one reshipment.
- If the consumer has chosen standard delivery and the order could not be delivered to the specified address on the first attempt, resulting in the parcel being subsequently forwarded to a pickup location of a postal company, the consumer can collect it within 7 days. If a parcel is not collected within 7 days, the entrepreneur will issue a refund or offer a maximum of one reshipment.
Article 14 - Long-term agreements: duration, termination, and renewal
- at any time and not be restricted to termination at a specific time or during a specific period;
- at least terminate in the same manner as they were entered into;
- always terminate with the same notice period as agreed by the entrepreneur for themselves.
Article 15 - Payment
- Unless stated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be settled within 14 days after the cooling-off period starts, or in the absence of a cooling-off period, within 14 days after the agreement is concluded. In the case of a service agreement, this period starts on the day after the consumer receives confirmation of the agreement.
- In the sale of products to consumers, the consumer cannot be obliged through general terms to make an advance payment of more than 50%. When an advance payment is agreed upon, the consumer cannot assert any rights concerning the execution of the respective order or service(s) until the agreed advance payment has been made.
- The consumer is obliged to report inaccuracies in provided or mentioned payment details to the entrepreneur without delay.
- If the consumer fails to meet their payment obligations on time, after being reminded by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to meet their payment obligations, and payment is not made within this 14-day period, the consumer will owe the legal interest on the outstanding amount and the entrepreneur is entitled to charge extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate in favor of the consumer from the mentioned amounts and percentages.
Article 16 - LIFEAID Subscription
With a LIFEAID subscription, you have the option to receive your favorite LIFEAID products repeatedly. You can choose the interval at which you want to receive the products: 4 or 8 weeks. With a subscription order, you always get a 10% discount on your favorite LIFEAID subscription beverage and free shipping. You complete the first Subscription order by selecting the Subscription option and pay by credit card, and it will be shipped the next working day. Subsequent payments will be debited via credit card. Using your online account, you can edit, pause, or cancel your Subscription at any time. You're not locked into anything.
Article 17 - Store credit
- The entrepreneur reserves the right to provide store credit to customers at their discretion.
- Store credit, once issued to customers, is eligible for use as a payment method during the checkout process. This credit will be reflected as a discount applied to the total amount.
- It is important to note that store credit holds no intrinsic cash value and cannot be converted into or exchanged for monetary compensation under any circumstances.
- Store credit does not affect the amount of VAT that has to be paid.
- Any store credit that remains unused after a period of 12 months from the date of issuance will automatically expire. Upon expiration, the remaining store credit will be removed from the consumer's account.
- Consumers are responsible for monitoring the expiration dates of their store credit and utilizing it within the stipulated time frame. The entrepreneur holds no liability for expired store credit nor is obligated to extend its validity beyond the specified period.
Article 18 - Complaints Procedure
- The entrepreneur has a clearly communicated complaints procedure and handles the complaint in accordance with this procedure. Customers can submit their complaints to [email protected]
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is susceptible to dispute resolution.
Article 19 - Applicable Law and Disputes
- The Agreement and its legal consequences are subject exclusively to Dutch law. This also applies if an obligation is fully or partially performed abroad or if the Counterparty resides abroad.
- In the event of disputes arising from or related to the Agreement, the court of the district of North Holland, located in Haarlem, has exclusive jurisdiction in the first instance.
Article 20 - Personal Data
We process your personal data for various purposes: so that we can contact you (e.g., if you have asked a question or filed a complaint), for the ordering process, for creating quotes and agreements, to notify you of changes to our services or products, and to deliver our products or services to you. This enables us to fulfill our obligations under the agreement to be concluded or concluded with you. We also process your personal data to send newsletters, SMS messages, general or targeted offers, or requests to participate in customer surveys if you have given your consent. We process your personal data so that you can create and manage an account on our website and post reviews. Lastly, we process your data to prevent fraud. We do all this based on our legitimate interest in processing your personal data.
Article 21 - Additional or Deviating Provisions
Additional or deviating provisions from these general terms may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.