Verzendbeleid
GENERAL TERMS AND CONDITIONS VIBEFUEL BV – SEPTEMBER ‘24
1 GENERAL
1.1. These terms and conditions apply to all offers and agreements regarding
the sale of products and/or the provision of services by VIBEFUEL BV
(hereinafter: VIBEFUEL).
1.2. Amendments or deviations from these terms and conditions must be
agreed upon in writing and apply exclusively to the specific agreement to which
they relate.
1.3. The rights and obligations arising from agreements between VIBEFUEL
and the counterparty may not be transferred to third parties without the written
consent of VIBEFUEL.
1.4. Deviating general terms and conditions, including those of the
counterparty, are not accepted by VIBEFUEL unless otherwise agreed in
writing and confirmed by VIBEFUEL.
2 OFFERS
2.1. All offers from VIBEFUEL are without obligation and remain valid while
stocks last. If an offer includes a specific period, VIBEFUEL can still revoke it,
even after an order has been placed, provided this is done within 5 working
days of receiving the order.
2.2. Quantities, weights, sizes, prices, etc., listed in price lists, on the website,
in quotes, and other documents are for informational purposes only. Although
the main characteristics of the products are described as accurately as
possible, they are merely indicative and do not bind VIBEFUEL.
2.3. If an offer contains an obvious error or seems too good to be true and is
not promoted elsewhere, it can also be revoked after acceptance of the order.
The order must remain unopened; otherwise, VIBEFUEL will be forced to
charge the actual costs. This revocation can occur up to 40 working days after
receipt.
2.4. Discount codes are only applicable to products that are not already on sale.
3 AGREEMENTS
3.1. An agreement is only considered legally valid once VIBEFUEL has
confirmed the order in writing. The content of the agreement is determined by
the offer and/or order confirmation from VIBEFUEL and these general terms
and conditions.
3.2. If an additional order is placed after the initial order, the originally agreed
delivery time is no longer applicable.
3.3. VIBEFUEL and the counterparty expressly agree that a valid agreement is
established through the use of electronic communication methods, as soon as
the conditions in articles 3.1 and 3.2 are met. The absence of a signature does
not affect the binding nature of the offer and its acceptance.
3.4. There is no minimum order size. For orders over €50,
- no shipping costs
will be charged. For orders under €50,
- VIBEFUEL charges a shipping fee of
€3.95.
3.5. Goodies (any free products that VIBEFUEL may send with the order)
cannot be exchanged or redeemed for cash or store credit.
4 PRICES
4.1. All price quotations and prices from VIBEFUEL are listed in euros and
include VAT and any other applicable costs, such as taxes.
4.2. Shipping costs are not included in the price unless stated otherwise.
4.3. If, after the agreement is concluded, the prices of materials, taxes, and/or
other price-determining factors change, VIBEFUEL has the right to implement
these price changes. If the price increases by more than 10%, the counterparty
has the right to cancel the agreement in writing within seven days of receiving
notification of the change. This cancellation does not entitle the counterparty to
compensation.
5 PAYMENT
5.1. For orders placed through the website, payment can be made using the
payment options listed on the site. If payment is made using a credit card or
another electronic payment method issued by a third party, the terms and
conditions of the respective card issuer or bank apply. Payment by invoice is
only possible if explicitly agreed upon, and payment must then be made within
14 days of the invoice date.
5.2. The counterparty is in default after the expiration of the payment term
mentioned in paragraph 1 of this article, without the need for a formal notice of
default, regardless of whether the cause of the delay is attributable to the
counterparty.
5.3. Without prejudice to its other rights, VIBEFUEL is entitled to charge
statutory (commercial) interest on the outstanding amount, calculated from the
invoice due date.
5.4. All legal and extrajudicial costs incurred by VIBEFUEL in connection with
a dispute with the counterparty, whether as a claimant or defendant, will be
borne by the counterparty.
5.5. Incoming payments will first be applied to the oldest outstanding amounts,
including interest and costs, even if the counterparty specifies otherwise.
6 COOLING-OFF PERIOD, CANCELLATION, AND RETURNS
6.1. In this article, the following terms are defined as:
- Consumer: Counterparty who is a natural person acting for purposes
outside their trade, business, or profession.
- Cooling-off period: the period within which the Consumer may
exercise the right of withdrawal.
- Right of withdrawal: the right to terminate a distance agreement
within the cooling-off period in accordance with the provisions of this
article 6.
- Distance agreement: an agreement between VIBEFUEL and the
Consumer, concluded within a system organized for the sale or
provision of services at a distance, where only one or more means
of remote communication are used up to the point of concluding the
agreement, without simultaneous personal presence of VIBEFUEL
and the Consumer.
6.2. The Consumer has the right to withdraw from a distance agreement without
providing reasons within 14 days (the Cooling-off period). This right does not
apply to non-consumers. The burden of proof for the correct and timely exercise
of this right rests with the Consumer.
6.3. The Cooling-off period as referred to in article 6.1 begins:
- on the day the Consumer or a third party designated by the
Consumer, who is not the carrier, receives the product; or
- on the day the Consumer or a third party designated by the
Consumer, who is not the carrier, receives the last product, if the
Consumer ordered multiple products that are delivered separately;
or
- on the day the Consumer or a third party designated by the
Consumer, who is not the carrier, receives the final shipment or part,
if the delivery of a product consists of multiple shipments or parts; or
- on the day the Consumer or a third party designated by the
Consumer, who is not the carrier, receives the first product under an
agreement that provides for the regular delivery of products for a
specified period.
Exercising the right of withdrawal
6.4. The Consumer can exercise the Right of withdrawal by sending an email
to info@vibefuel.com within the Cooling-off period. VIBEFUEL may ask for the
reason for the withdrawal, but the Consumer is not obliged to provide one. The
Consumer must specify the relevant order number and products when
exercising the Right of withdrawal. The Consumer may also exercise the right
before receiving the product.
6.5. VIBEFUEL will immediately send a confirmation of receipt after receiving
this notification.
6.6. During the Cooling-off period, the Consumer is required to handle the
product with care. The product may be viewed and tried on but must not be
used. The product must be returned undamaged, complete, and, if reasonably
possible, in its original packaging. For clothing items, the label must still be
attached.
6.7. The Consumer is only liable for any decrease in the value of the product
resulting from handling the product beyond what is necessary to establish its
nature and characteristics.
6.8. Unless VIBEFUEL offers to collect the products itself, the Consumer must
return the product promptly and in any event within 14 days of submitting the
withdrawal notice or hand it over to VIBEFUEL or a person authorized by
VIBEFUEL to receive it.
6.9. The Consumer bears the direct costs of returning the product unless
VIBEFUEL has failed to inform the Consumer that these costs must be borne.
6.10. If an entire order is returned, any included goodies must also be returned.
If these are not returned, their costs may be charged.
Refunds upon Withdrawal
6.11. After termination of the agreement in accordance with article 6.2,
VIBEFUEL will reimburse all payments received from the Consumer, including
delivery costs, without delay and no later than 14 days after receiving the
withdrawal notice. VIBEFUEL will use the same payment method used by the
Consumer unless otherwise agreed without additional costs to the Consumer.
If the Consumer explicitly chose a more expensive delivery method than the
one offered by VIBEFUEL, VIBEFUEL is not obliged to reimburse the additional
costs. Unless VIBEFUEL collects the products itself, it may delay the refund
until it has received the products or the Consumer has provided proof of return,
whichever comes first.
6.12. If after the return the total order value falls below €50, VIBEFUEL is
entitled to charge the shipping costs of €3.95.
Exclusions from the Right of Withdrawal
6.13. The Right of withdrawal is excluded for:
- Service agreements after full performance of the service, provided:
1. the performance has begun with the Consumer's express prior
consent; and
2. the Consumer has declared that they waive their right of
withdrawal once VIBEFUEL has fully performed the
agreement.
- The purchase of:
1. products made according to the Consumer's specifications,
that are not prefabricated, and that are manufactured based on
an individual choice or decision by the Consumer, or that are
clearly intended for a specific person;
products that spoil quickly or have a limited shelf life;
products that, for health or hygiene reasons, are not suitable
for return and whose seal has been broken after delivery (such
as food, dietary supplements, underwear, socks, and
beverages);
2. 3. GENERAL TERMS AND CONDITIONS VIBEFUEL BV – SEPTEMBER ‘24
4. products that, by their nature, are irrevocably mixed with other
products after delivery;
5. alcoholic beverages for which the price was agreed at the time
of purchase but can only be delivered after 30 days, and whose
actual value depends on market fluctuations over which
VIBEFUEL has no control;
6. audio and video recordings and computer software whose seal
has been broken after delivery;
7. newspapers, magazines, or periodicals, except for
subscriptions to the regular delivery of such publications;
8. digital content that is not delivered on a physical medium, if the
performance has begun with the Consumer's express prior
consent and the Consumer has declared that they waive their
right of withdrawal.
7 DELIVERY TIME, DELIVERY, RISK
7.1. In principle, VIBEFUEL aims to dispatch orders placed on a working day
before 22:00 on the same day. The delivery period stated in the offer and/or
order confirmation is not considered a strict deadline and is only provided as
an estimate, even if it has been explicitly accepted by the counterparty.
7.2. If the counterparty is not at home at the time of delivery, the package will
be offered again the following day or brought to a post office. If a package is
refused, the address is incorrect, or the package is not collected, VIBEFUEL
will charge €5,- in return costs. If paid via Klarna, the return costs will be €7,-
,
plus a surcharge of €0.95 for the payment method.
7.3. Different conditions may apply for deliveries abroad.
7.4. The stated or agreed delivery period will be automatically extended, without
limitation, by the period(s) during which:
- there is a delay in production and/or shipment and/or other
circumstances temporarily preventing performance, regardless of
whether VIBEFUEL is to blame;
- the counterparty fails to meet one or more of its obligations to
VIBEFUEL, or there is reasonable fear that it will do so, regardless
of the cause;
- the counterparty does not enable VIBEFUEL to execute the
agreement, such as failing to communicate the delivery location in
time.
7.5. The counterparty is obliged to accept and inspect the goods ordered from
VIBEFUEL (see warranty). If the goods are refused or delivery proves
impossible, VIBEFUEL may store the goods at the counterparty’s expense and
risk. The storage costs will be charged to the counterparty. VIBEFUEL may
demand performance of the agreement but reserves the right to terminate the
agreement without judicial intervention, without prejudice to the right to claim
damages.
7.6. If an incorrect or extra item is received, the counterparty is required to
inform VIBEFUEL. The item must not be opened and will be returned. If the
item is opened, VIBEFUEL will charge for the costs.
8 PERFORMANCE OF THE AGREEMENT
8.1. VIBEFUEL will perform the agreement to the best of its knowledge and
ability, in accordance with the requirements of good workmanship.
8.2. VIBEFUEL has the right to subcontract the execution of the agreement or
parts thereof to third parties not employed by VIBEFUEL without the
counterparty’s consent. Furthermore, VIBEFUEL is entitled to transfer the
agreement in whole or in part to another party without the counterparty's
consent.
8.3. The counterparty must ensure that all information, which VIBEFUEL
indicates is necessary, or which the counterparty should reasonably
understand is necessary for the execution of the agreement, is provided to
VIBEFUEL in a timely manner. If the necessary information is not provided on
time, VIBEFUEL is entitled to suspend the execution of the agreement.
9 WARRANTY/COMPLAINTS
9.1. VIBEFUEL guarantees that the products comply with the specifications
stated in the offer and meet reasonable standards of reliability and usability.
Only if specifically agreed upon does VIBEFUEL guarantee that the products
are suitable for purposes other than normal use.
9.2. If a product is unusable due to damage during shipping or does not match
the ordered product, the counterparty has the right to return the product in a
timely manner.
9.3. The counterparty is obliged to read and follow the information and advice
provided by the manufacturer when using the delivered products.
9.4. VIBEFUEL complies with legal provisions, which differ for consumers and
non-consumers. No warranty is provided if:
- the delivered products show minor imperfections or deviations that
fall within a reasonable tolerance;
- the products have been used for purposes other than those for which
they are normally intended, or if they have, in VIBEFUEL's opinion,
been used, stored, or transported in an improper manner;
- the damage was caused by negligence on the part of the
counterparty or by acting in violation of VIBEFUEL's instructions,
guidelines, and advice;
- the counterparty has not met its obligations to VIBEFUEL, whether
financial or otherwise.
9.5. If the counterparty makes a written warranty claim within 5 days of receiving
the products, in accordance with the provisions of the agreement and these
general terms and conditions, and if VIBEFUEL deems the claim to be valid,
VIBEFUEL will, at its discretion, either replace the defective products (or parts
thereof) free of charge (whereby the replaced products become the property of
VIBEFUEL) or offer a price reduction. For consumers, this period is 6 months
after purchase.
9.6. Filing a warranty claim does not suspend the counterparty's payment
obligation.
9.7. If VIBEFUEL addresses a complaint outside the aforementioned cases, it
does so voluntarily and the counterparty cannot derive any rights from this.
10 INSPECTION
The products are inspected by VIBEFUEL before delivery. The counterparty
has the right, at their own expense, to have the products inspected before
delivery at a time and place determined by VIBEFUEL.
11 NON-PERFORMANCE / TERMINATION / SUSPENSION
11.1. VIBEFUEL is entitled to terminate the agreement in whole or in part with
immediate effect and without judicial intervention or to suspend performance,
without prejudice to its right to demand performance and/or compensation, if:
- the counterparty acts in violation of any provision of the agreement
between the parties;
- the counterparty dies, files for a moratorium on payments, files for
bankruptcy, or bankruptcy of the counterparty is filed for;
- any of the counterparty's assets are seized.
11.2. The provision of paragraph 1 also applies if the counterparty, after being
invited in writing, fails to provide adequate security in VIBEFUEL’s judgment
within seven days.
12 LIABILITY
12.1. VIBEFUEL is not liable for damage resulting from any failure to fulfill its
obligations towards the counterparty. The fulfillment of the warranty obligations
as described in article 9 serves as the sole and full compensation. Any other
form of compensation, regardless of the cause, is excluded, unless it is the
result of intent or gross negligence on the part of VIBEFUEL or its managerial
subordinates.
12.2. VIBEFUEL is also not liable for actions of (non-managerial) subordinates
or others whom it has engaged for the execution of the agreement.
12.3. VIBEFUEL is not liable for any advice provided, printing or typographical
errors on the website, or information provided by suppliers or manufacturers.
Nor is it liable for unforeseeable and reasonably uncontrollable defects in
product quality.
12.4. The counterparty must always allow VIBEFUEL the opportunity to resolve
a complaint; otherwise, the right to liability and compensation will lapse.
12.5. If VIBEFUEL is nevertheless held liable, liability (regardless of the basis)
is limited to the amount VIBEFUEL has received for the relevant agreement
from the counterparty, with a maximum of €8,000.
13 USAGE & LEGALITY
13.1. Always consult a doctor before using dietary supplements, especially if
you are taking medication (whether prescription or over-the-counter) or have a
medical history, including, but not limited to: high or low blood pressure, heart
rhythm disturbances, stroke, heart, liver, kidney, or thyroid diseases, epilepsy,
mental disorders, diabetes, or difficulty urinating due to an enlarged prostate.
13.2. Some products contain caffeine and/or other stimulating ingredients.
These should not be used by individuals who wish to avoid such ingredients in
their diet.
13.3. Discontinue use and consult a doctor if you experience any adverse
effects from using a dietary supplement.
13.4. Never exceed the recommended dosage and do not use a product if the
safety seal is broken or missing.
13.5. Some products offered by VIBEFUEL may contain ingredients that, while
legal under Dutch law, are prohibited by certain sports organizations or
federations. These substances may result in a positive doping test for
professional athletes. Therefore, athletes must first consult their respective
sports federation.
13.6. Products purchased from VIBEFUEL must always be stored out of the
reach of children and pets.
13.7. The user assumes all risks, responsibilities, and consequences related to
the use of products purchased from VIBEFUEL at their own risk.
13.8. All products on the website are legally permitted in the Netherlands. The
consumer is responsible for informing themselves about the laws, import
regulations, and customs rules in their own country before ordering and
declares that the import of the ordered products is legal in their country. We do
not encourage the illegal use of our products. In case of doubt, we advise the
consumer to seek legal advice.
13.9. VIBEFUEL does not guarantee that the information and products on this
website are available, applicable, or legally permitted outside the Netherlands.
The information provided by VIBEFUEL via the website, links to other websites,
or by its employees via phone, email, or other communication methods, is solely
for educational and informational purposes. This information should never be
regarded as a recommendation to take certain actions. Use of this information
is entirely at the user’s own risk.
14 FORCE MAJEURE
14.1. Force majeure is defined as any circumstance beyond the control and
influence of VIBEFUEL BV, whether foreseeable at the time the agreement wasGENERAL TERMS AND CONDITIONS VIBEFUEL BV – SEPTEMBER ‘24
entered into or not, that prevents VIBEFUEL from fulfilling its obligations
reasonably. This includes, but is not limited to, war, government measures,
shortages of raw materials, factory or transportation disruptions of any kind,
hacking, ICT failures, strikes, lockouts or shortages of personnel, quarantine,
epidemics, pandemics, frost delays, failures by third parties engaged by
VIBEFUEL to execute the agreement (such as late deliveries by suppliers),
decisions by suppliers to cease services, and so forth.
14.2. In the event of force majeure, VIBEFUEL has the right to terminate the
agreement in whole or in part or to suspend the performance of its obligations
without being required to pay damages. The counterparty remains obligated to
pay for the portion of the agreement that has already been fulfilled.
15 PARTIAL INVALIDITY
If one or more provisions of this agreement with the counterparty are found to
be invalid or not fully legally valid, the remaining provisions shall remain in full
force. The parties shall enter into consultations to replace the invalid provisions
with arrangements that come as close as possible to the original intention and
the intended economic result of the parties in a legally effective manner.
16 PLACE OF PERFORMANCE, APPLICABLE LAW, COMPETENT COURT
16.1. The place of business of VIBEFUEL, De Run 5136, 5503 LV Veldhoven,
is considered the place where the counterparty must fulfill its obligations
towards VIBEFUEL, unless mandatory legal provisions prescribe otherwise.
16.2. All offers and agreements of VIBEFUEL are exclusively governed by
Dutch law.
16.3. All disputes arising from the agreement between the counterparty and
VIBEFUEL, or from subsequent agreements resulting from it, shall be settled
by the competent Dutch court in the district of Den Bosch. If the counterparty is
a consumer and this provision would lead to the jurisdiction of a court that is
not legally competent, the counterparty has one month, after VIBEFUEL
invokes this provision, to choose to have the dispute resolved by the court that
is legally competent.
16.4 This is a translation of the Dutch general terms and conditions. In the event
of any discrepancies between the English and Dutch versions, the Dutch
general terms and conditions shall prevail.
17 REVIEWS
Leaving a review is highly appreciated by us. However, the consumer must be
logged in before a review can be posted. Afterward, our team will review the
submission. A review may be removed for the following reasons:
- Insufficient content, such as reviews consisting of only one word.
- Use of sentences in ALL CAPS or other distracting elements.
- Mentioning contact information such as phone numbers, addresses,
or URLs.
- Mentioning transient information like prices or current events.
- Use of languages other than Dutch, German, or English.
- Mentioning other (online) stores.
- Use of offensive or inappropriate language.
- Plagiarism or infringement of intellectual property rights or other
rights.
- No verifiable proof that the reviewer has actually purchased the
product.
- Mentioning medical claims.
- False information or statements.
- Unlawful content of any kind, against anyone.
VIBEFUEL BV
De Run 5136
5503 LV Veldhoven
Chamber of Commerce number: 93122667