General Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
-
Reflection period: the period within which the consumer can make use of his right of withdrawal;
-
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
-
Day: calendar day;
-
Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
-
Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
-
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
-
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
-
Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the moment the agreement is concluded exclusive use is made of one or more techniques for distance communication;
-
Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.
Article 2 – Identity of the entrepreneur
NutriFuel
CSS International Ltd.
located at Stefan Karadzha str. 10 fl. 3, 1000 Sofia
Bulgaria
Email: support@mynutrifuel.com
Chamber of Commerce: 203526881
BTW: BG203526881
Article 3 – Applicability
-
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
-
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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
-
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent electronically at the consumer's request.
-
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
-
“The personal data and/or company data that NutriFuel processes in the context of its business operations are (also) used by it or by third parties to whom the claims are assigned (transferred) for or in:
a) risk analyses
(b) the prevention, detection and combating of fraud or irregularities.”
Article 4 – The offer
-
If an offer has a limited period of validity 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 and/or services offered.
-
Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This specifically concerns:
-
the price including taxes;
-
any costs of delivery;
-
the manner in which the agreement will be concluded and the actions required for this;
-
whether or not the right of withdrawal applies;
-
the method of payment, delivery and execution of the agreement;
-
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
-
the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
-
the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in connection with the agreement;
-
the minimum duration of the distance contract in the case of a long-term transaction.
-
Article 5 – The Agreement
-
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
-
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.
-
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
-
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
-
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
-
the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
-
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
-
the information about warranties and existing after-sales service;
-
the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
-
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
-
-
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
Upon delivery of products:
-
When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the company, receives the product.
-
During the cooling-off 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 assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product (if reasonably possible in the original packaging) to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When providing services:
3. When services are supplied, the consumer has the option to cancel the contract without giving any reason for at least fourteen days, starting on the day the contract is concluded.
4. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of revocation
-
If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return and any handling costs.
-
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 – Exclusion of the right of withdrawal
-
The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
-
Exclusion of the right of withdrawal is only possible for products:
-
which have been created by the entrepreneur in accordance with the consumer's specifications;
-
that are clearly personal in nature;
-
which by their nature cannot be returned;
-
that can spoil or become outdated quickly;
-
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
-
for individual newspapers and magazines;
-
for audio and video recordings and computer software of which the consumer has broken the seal.
-
-
Exclusion of the right of withdrawal is only possible for services:
-
concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
-
the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
-
concerning betting and lotteries.
-
Article 9 – The price
-
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
-
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
-
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
-
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
-
these are the result of statutory regulations or provisions; or
-
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
-
-
The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
-
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
-
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
Article 11 – Delivery and execution
-
The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
-
The place of delivery is the address that the consumer has provided to the company.
-
Subject to the provisions of Article 4 of these terms and conditions, the company will fulfill accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
-
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
-
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated, no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping and handling fees are the consumer's responsibility.
-
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
-
The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
-
The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of services at any time towards the end of the fixed term, taking into account agreed termination rules and a notice period of no more than one month.
-
The consumer may, in the agreements referred to in the previous paragraphs:
-
cancel at any time and not be limited to cancellation at a specific time or during a specific period;
-
at least cancel in the same manner as they were entered into by him;
-
always cancel with the same notice period as the entrepreneur has stipulated for himself.
-
Extension
A fixed-term agreement for the regular delivery of services may not be tacitly extended or renewed for a fixed period. Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can cancel this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement entered into for a fixed period and which provides for the regular delivery of services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily newspapers, news and weekly newspapers and magazines.
Duration
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 oppose termination before the end of the agreed duration.
Article 13 – Payment
-
Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
-
The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
-
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
-
Payment must be made to NutriFuel within the specified payment term. The payment term is a strict deadline. In the event of late payment, the customer will be in default without notice of default, and NutriFuel will be entitled to charge statutory (commercial) interest monthly from the invoice due date (whereby part of a month is considered a full month). NutriFuel is also entitled to charge the customer extrajudicial collection costs as required by law. These costs amount to a minimum of 15% of the principal amount, with a minimum of €40 for consumers and €75 for businesses. NutriFuel is also entitled to transfer the claim to a third party. In that case, the provisions of the foregoing regarding NutriFuel will also be transferred to the third party to whom the claim has been transferred.
Article 14 – Complaints procedure
-
The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
-
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
-
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
Privacy Policy NutriFuel
1. NutriFuel
The following Privacy Statement explains what personal data NutriFuel collects and how it handles it. It also explains your data protection rights and how you can exercise them. By visiting our website or using our services, you agree to our privacy policy, which you can find below. We ask that you read it.
2. Data Controller
NutriFuel is (ultimately) responsible for processing the personal data we collect. We collect personal data when you use NutriFuel, register for NutriFuel, or visit our website.
3. Data processing
NutriFuel collects and processes information about consumers and visitors to this website. The data we collect depends on the service you use.
3.1 Data you provide to us
You provide us with personal data when you:
-
place an order in our webshop;
-
share data with us in any other way; directly or indirectly.
This data consists of:
-
personal information: name, email address, postal address, date of birth, telephone number;
-
payment information: invoice details.
3.2 Data we collect when you use the NutriFuel payment method
When you use our payment method we may collect the following information from you:
-
order information such as product names;
-
historical information such as order history;
-
IP address;
-
device IDs and other device information such as browser, operating system;
-
source of data collection such as web browser, mobile browser, application;
-
geographic information.
Every visit to the NutriFuel environment is automatically recorded. We collect the following information (hereinafter "other information"):
-
date and time of your visit to the NutriFuel website;
-
website from which you can access the NutriFuel environment.
We use cookies for this purpose. The information you share with us, as well as information about your order and your financial information, is needed to offer NutriFuel's payment method. The remaining information is needed for other purposes, which are explained below.
4. Purposes of data use guaranteed
NutriFuel processes personal data for the purposes specified below. You can also see how long we retain certain data.
4.1 Purposes
Payment administration & relationship management:
-
To manage payments and customer data. Execution of payment agreements (Art. 8 b GDPR).
We need your information to enter into a payment agreement with you and to provide our service.
Retention period: 7 years.
General:
-
To comply with applicable guidelines and legislation, such as the Money Laundering and Terrorism Financing (Prevention) Act.
Comply with a legal obligation (Art. 8 c GDPR).
Retention period: depends on the relevant legislation. -
To manage NutriFuel services and for internal processes.
Execution of payment agreement (Art. 8 b GDPR).
Retention period: 7 years.
4.2 Automated decision
If you're not a known customer, we use your information to perform an automated real-time risk assessment through Klarna or AfterPay to gain insight into your payment eligibility. If you are a known customer, we determine whether your request to pay later is accepted based on your order history. Klarna/AfterPay does this based on categorizations such as "reasonably known customer" and "regular customer."
4.3 Improving the NutriFuel website
Your data may be used to identify users and make the NutriFuel website more personalized, interactive, and user-friendly. Your data may also be used to answer your questions, ensure data security, and prevent misuse of the website.
4.4 Customer contact
Your data may be used for customer contact, such as sending notifications about our services and to contact you for customer service purposes.
5. Data processing outside the EU
NutriFuel does not process (or transfer) personal data outside the EU by default. In situations where this is necessary, NutriFuel ensures that appropriate measures are taken to guarantee the same privacy as within the EU. These measures include additional contractual agreements regarding confidentiality and the applicability of European law. You can request a copy of these additional agreements via support@mynutrifuel.com. This email address is managed by NutriFuel's data protection officers.
6. What rights do you have?
-
Inspection: You have the right to inspect the personal data that NutriFuel has about you.
-
Correction: We ensure that the data NutriFuel holds about you is accurate and up-to-date. You can ask us to change or delete information if something is incorrect.
-
Deletion: You have the right to request the deletion of your data. We may not always be able to delete your data immediately due to legal retention periods or the execution of the payment agreement.
-
Objection: You have the right to object to the processing of your personal data if you believe it is being processed incorrectly or unfairly. You can do so by sending an email to support@my nutrifuel.com .
-
Withdrawal of consent: When we process personal data based on your consent (e.g., newsletters), you have the right to withdraw your consent at any time. You can do so via our website, at the bottom of the newsletter, or by emailing support@mynutrifuel.com. .
-
Data portability: if your personal data is processed automatically for the performance of a contract, you have the right to request a readable format for transfer to another party.
-
Complaints: You can file a data protection complaint via support@mynutrifuel.com or from the Dutch Data Protection Authority via https://autoriteitpersoonsgegevens.nl/ .
7. Who do we share your data with?
NutriFuel uses professional market parties to facilitate NutriFuel's services, including sending payment overviews and offers. Questions about these professional market parties and their data processing practices can be directed to NutriFuel at support@mynutrifuel.com . .
Furthermore, data may be shared with authorities if legally required. However, we only do this if it can be demonstrated that this is a requirement. When we share your data with third parties who, for example, handle invoicing for us, we take all legal, technical, and organizational measures to ensure that your data is carefully secured when transferred to these parties.
NutriFuel does not sell personal data to third parties. Furthermore, we do not send your data to third parties for direct marketing, distance selling, or market research purposes unless you have given your consent.
8. How does NutriFuel secure your data?
NutriFuel takes appropriate technical and organizational measures to protect your data against unauthorized access, transfer, destruction, or other unauthorized processing. These security measures include firewalls, encryption, the use of secure IT environments, access control, training for personnel who work with your data, and the careful selection of third parties who process personal data for us. Furthermore, access to your information is restricted to NutriFuel personnel who need your data to perform their duties.
9. Other websites
Our website may link to other websites. NutriFuel is not responsible for the privacy statements or content of these websites. We recommend that you read the privacy statements and terms and conditions of these websites before using them.
10. Use of cookies and similar tracking technologies
Cookies are small files that are temporarily stored in users' browser caches when they visit a website. Our website uses cookies to collect statistical data about how users use our website and to improve its user-friendliness. If you don't want cookies on your computer, you can block their use through your browser settings. Please note that some features on the website will only work if you allow cookies.
You can also delete cookies from your browser history. By deleting cookies regularly, you can change the user profile created by them. However, deleting cookies does not stop data collection; it only deletes the profile based on your previous browsing history.
11. Changes to the Privacy Statement
NutriFuel is constantly improving its website and payment methods. Therefore, NutriFuel reserves the right to amend its Privacy Statement by posting the changes on its website. Amendments may also be made due to changes in the General Data Protection Regulation, other regulations, or relevant case law. We recommend that you regularly review the contents of the Privacy Statement.
12. Questions about data protection
You can request access to, change, or delete your personal data. NutriFuel has data protection officers who work daily to protect your data. If you have any questions about the Privacy Statement or the protection of personal data within NutriFuel, please contact support@mynutrifuel.com . .
This Privacy Statement was last modified on March 30, 2022.