Terms and Conditions
Terms and conditions of sale and delivery of Green Gains Nutrition, deposited at the Kamer van Koophandel, Alkmaar under number 78768721.
1. Agreement
By using the Website, you agree to the Terms and consent to us sending information (including updated information) to obtain information from third parties, including, but not limited to, your payment card or credit card information to you to verify identity, to validate your credit card, to obtain a credit card authorization and to allow individual purchase transactions.
2. Changes
We have the right to:
Update these Terms from time to time. It is your responsibility to verify the existence of these changes. The changes apply when they are announced on the Website. If you do not agree to the amended Terms and Conditions, you are requested to stop using the Website. If you do continue to use the Website after the date on which the changes apply, you agree to the new Terms. To change the Website and its contents in whole or in part from too temporary (temporary or permanent) without giving you prior notice. You confirm that we cannot be held liable by you for any changes or withdrawal of the Website and content. To cancel the identification code of the password that we provide to you, selected by you or provided by us, if we believe that You have not complied with these Terms.
3. Registration
By using this website, you guarantee that:
You are legally able to enter into contracts.
You are at least 18 years of age or older.
The personal information you must provide for registration is correct, exact, current and complete in all respects.
You are not impersonating another person or entity.
You notify us immediately of changes to your personal information by contacting representatives of our customer service department via email or telephone.
4. Privacy Policy
We will treat all your personal information confidentially and only use it in accordance with our Privacy Policy. Furthermore, we will process your information in accordance with our Privacy Policy. By using our Website you consent to this processing and you warrant that all information provided by you is accurate.
When you shop on the Website, we will ask you to enter personal information necessary to identify you, such as your name, email address, billing address, delivery address, credit card number and other payment information. We confirm that this information can be stored by us.
5. Protection of your safety
To ensure that your payment card details are not used without your knowledge, we compare name, address and other personal information that you have provided to us during the ordering process with the authorized third-party databases. We take the risk of internet fraud very seriously. In view of the increasing number of fraudulent credit card transactions, all of our orders are thoroughly checked using the information already provided. We may contact you for additional security checks for which we would like to request your cooperation. Fraudulent transactions will not be tolerated by us and will be reported to the relevant authorities. By accepting these Terms, you consent to these checks being performed. During these checks, personal information may be presented to credit reporting agencies who can record this information. You can be assured that this is only done to confirm your identity, no creditworthiness will be checked and your credit position will not be affected. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998.
6. Compliance
The Website may only be used in a legal manner for legal uses. You agree to comply with all laws, statutes and regulations that apply to the Website and its use. You agree through the Website: Not to introduce or distribute computer viruses, Trojans, worms, logic bombs or other elements such as these that can disrupt, interrupt or hinder normal computer processes.
Not to introduce or distribute any material that is defamatory, offensive or obscene in nature.
No unauthorized access to our site, the server on which the site is stored, or other servers, computers or databases connected to our site. You will not attack the site via a denial-of-service attack or a distributed denial-of-service attack. By violating this provision, you are committing an offense under the Computer Misuse Act 1990. We will report any such violation to the appropriate law enforcement authorities and cooperate with them by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may contaminate your computer equipment, computer programs, data or other protected material as a result of your use of our Website or downloading from any material from the Website or from other sites linked to our Website.
7. Links with third parties
As a convenience to our customers, the Website may contain links to other websites or materials that are not within our reach. For your information, we do not claim to be responsible for these websites or materials, nor do we review or endorse them. We are not liable for the privacy practices or the content of such websites, nor for any damage, loss or offence caused or alleged to be caused by the use of or reliance on any advertising, content, products, materials or services available through such websites or resources.
8. Orders
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail and will have the option to wait until the item is back in stock, or to cancel your order. All placed orders will be treated as an offer to buy the goods or services from us. We reserve the right to decline this offer at any time. You acknowledge that any automatic confirmation receipt of your order that you may receive from us may not actually constitute acceptance of your offer to purchase the goods and services offered on the Website. The purchase contract between you and us is concluded when we debit your payment card, credit card, or PayPal and ship the items to you or commence the services, whichever is later, and at which time an email confirming the conclusion of the purchase contract (“Shipment Confirmation”) is sent to you. We are under no obligation to provide any goods or services which are part of your order until the shipment of those goods or services has been confirmed in a separate Dispatch Confirmation. We will take all reasonable precautions within our power to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to the data you have provided when accessing or ordering from the Website. The products offered on the Website may not be used for resale or distribution. We reserve the right to cancel orders and/or close accounts if we believe products are ordered in violation of this condition. You bear the risk for the products once they are delivered to the delivery address you provided when ordering the products. We do not accept any liability if you have provided us with an incorrect delivery address or if you fail to collect the products from the delivery address you provided.
9. Right of cancellation
You must keep the goods or services in your possession and ensure that they are kept in the same condition in which they were delivered until they can be returned by you to us. We will notify you if we wish to collect the goods or services. The goods or services will be collected within 28 days of receipt of your cancellation notice and we will charge you for the cost of collection. Alternatively, you can deliver the goods or services to us by first contacting a member of Green Gains Nutrition who can provide you with the address details. The amount you have paid us will be returned to you within 30 days of receipt of the goods. If you want to return goods for any other reason (for example, because you think the goods are broken or defective), we will inspect the goods on arrival, and to the extent that we confirm that the goods are actually defective, we will either repair or replace them or refund you the full price of the defective goods (including applicable delivery charges and return shipping costs). Please follow our return authorization procedure by contacting us by phone or email. Please contact us as soon as possible and preferably within 3 days after receiving the goods. If we cannot classify a returned item as faulty, the cost of returning it is for you. For more information, please see our returns policy.
10. Price and payment
All prices shown on the Website include VAT (only where applicable) at the prevailing rate and are correct at the time of entering data into the system. However, we reserve the right to change prices without notice (however, such changes will not affect orders for which you have received a Dispatch Confirmation). Please note that customs policies may vary from country to country. We recommend that you contact your local customs office for further information. Payment can be made by all major credit cards, via your PayPal account or via iDeal. The payment will be debited from your account or bill at the time of dispatch of the goods or provision of the service. In the unlikely event that the price is shown incorrectly on the checkout page and we discover this before accepting your order in accordance with clause 9, we are under no obligation to sell you the items at that price. We always try to ensure that prices on our Website are displayed correctly, but genuine errors can occur. If we discover an error in the price of the items you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the corrected price or cancelling it. If you cancel your order and have already paid for the items, a full refund will be made. You confirm that the payment card, PayPal account or bank account (if using iDeal) used is your property. All cardholders are subject to verification checks and authorisations by the card issuer. If the issuer of your payment card refuses or does not authorise payment for any reason, we cannot be held liable for any delay or failure to deliver. If your credit or debit payment is not processed for any reason, we reserve the right to try to process the payment again. Discount codes are only accepted under strict application of terms and conditions that were stated when the code was issued, such as applicability or maximum order value. Please familiarize yourself with these terms and conditions before placing an order, as we reserve the right to reject or cancel any orders not complying with them, even if the amount has been debited from your payment card or bank account (if you use iDeal). If there is any conflict between the terms and conditions under which the discount codes were issued and these terms and conditions, the terms and conditions for the discount codes shall prevail.
11. Intellectual Property
The contents of the Website are protected by copyright, trademark, database and other intellectual property rights and you acknowledge that the material and content provided as part of the Website shall remain our property or the property of our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on a hard disk (but not on a server or other storage medium connected to a network) or print a copy of such content for your own personal, non-commercial use, provided that you respect all copyright and proprietary notices. Under no circumstances may you otherwise reproduce, modify, copy, distribute or use the materials or content of the Website for commercial purposes.
12. Limitation of Liability
(a) In accordance with clause 14, if we fail to comply with these Terms, we will only be liable for any loss you suffer as a result of our failure to perform (whether in contract, tort (including negligence), breach of statutory duty or otherwise) which is a foreseeable consequence of the failure.
(b) Nothing in these Conditions excludes or limits our liability for:
(i) Death or personal injury caused by our negligence;
(ii) Fraud or fraudulent misrepresentation;
(iii) Any breach of duty under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services act 1982.
(iv) Defective products within the meaning of the Consumer Protection Act 1987.
(v) Any wilful breach of these conditions which would entitle you to terminate the contract.
(vi) For any matter in respect of which it would be illegal for us to exclude or to attempt to exclude our liability.
Use of the Website, The Website is provided on an “as is” and “as available” basis without further representation or endorsement. We make no warranties, express or implied, with respect to the Website and its use. You acknowledge that we cannot guarantee and shall not be held responsible for the security or privacy of the Website and any information provided by you. Any risks associated with the use of the Internet shall be borne by you. Whilst we will endeavour to ensure that material available on the Website is accurate, reputable and of high quality, we cannot accept responsibility if this is not the case. We shall not be responsible for any errors, omissions or results obtained from the use of such information or for any technical problems you may experience using the Website. If we are informed of any inaccuracies in the material on
13. Breach of contract
If any part of the Terms is deemed unlawful, void or for any reason unenforceable, that provision shall be severed from the Terms, but shall not affect the validity and enforce-ability of the remaining provisions of the Terms.
14. Waiver
No waiver by us will be construed as a waiver arising out of or in pursuance of any provisions in the Terms.
15. Complete agreement
These Terms are the entire basis of any agreement reached between you and us.
16. Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales and any disputes will be resolved solely by English courts.
17. Reviews
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content worldwide in any media. You grant us and all parts of Green Gains Nutrition the right to use the name that you have indicated, if any. You waive your right to be acknowledged as the author of such content and your right to object if such content is impaired. You agree to perform all further acts necessary for the perfecting of any of the above rights granted by you to us, including the execution at our request of acts and documents. You represent and warrant that you own or otherwise control all of the rights to the content that you post. And you represent that on the date the content or material is submitted to us and all parts of Green Gains Nutrition:The content and material is accurate; The use of the content and material you submit does not violate any applicable guidelines and does not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us against all claims by third parties arising out of or in connection with a breach of any of these warranties. The Website, we will attempt to correct them as soon as reasonably possible. In particular, we disclaim any obligations in connection with the following:incompatibility of the Website with your equipment, software or telecommunication links; technical problems including failures or interruptions of the Website unsuitability, unreliability or inaccuracy of the Website; and inability of the Website to meet your requirements. To the maximum extent permitted by applicable law, you agree that we shall not be liable to you or any third party for any consequential or incidental damages (both terms include, without limitation, pure economic loss, loss of profits, loss of business information, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages arising out of or in connection with the Website.
