General terms and conditions
General Terms and Conditions
Article 1 – General
1.1 In these general terms and conditions (“General Terms and Conditions”) the following is understood:
• − Olvystore: The sole proprietorship, established in Nijmegen at Kroonstraat,
registered with the Chamber of Commerce under number 85287989.
− Customer: any natural person, not acting in the exercise of a profession or business, who enters into an Agreement with Olvystore regarding the delivery of Products by Olvystore.
− Agreement: an agreement between Olvystore and the Customer under which Olvystore supplies Products, on any title whatsoever.
− Products: all goods to be delivered by Olvystore under the Agreement, including but not limited to powdered nutrition and dietary supplements.
− Website: the websites of Olvystore, accessible via www.Olvystore.com and all
associated subdomains.
− Day: calendar day(s).
− Written: in writing and/or electronically.
1.2 These General Terms and Conditions apply to all offers, quotations, order confirmations, Agreements, and all related (legal) acts of Olvystore and the Customer. In case of conflict, the Agreement prevails over the General Terms and Conditions.
1.3 Nullity or non-applicability of one or more provisions in these General Terms and Conditions or part of a provision does not affect the operation and validity of the remaining provisions.
1.4 Olvystore is entitled to make changes to the General Terms and Conditions, which amended General Terms and Conditions will apply from the announced date and after the amended General Terms and Conditions have been sent to the Customer.
1.5 Deviations from these General Terms and Conditions and from the Agreement are only valid if and insofar as they have been expressly and in writing confirmed by Olvystore.
Article 2 – Offer and Formation of Agreements
• 2.1 All offers, quotations, order confirmations, and statements made by or on behalf of Olvystore are entirely without obligation, even if they contain a term for acceptance, and can be revoked by Olvystore at any time.
2.2 The Customer cannot derive any rights from offers, quotations, order confirmations, and statements made by or on behalf of Olvystore that contain an obvious error or mistake.
2.3 An Agreement is concluded subject to the provisions of article 2.X of these General Terms and Conditions, at the moment of acceptance of the offer and compliance with the conditions set by the Customer.
2.4 If the Customer has accepted the offer electronically, Olvystore will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Olvystore, the Customer may revoke the acceptance of the offer.
2.5 Olvystore may – within legal frameworks – verify whether the Customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entering into the Agreement.
are important for a responsible entering into the Agreement. If Olvystore has good grounds based on this investigation not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
• 2.6 Olvystore is entitled to refuse an order or request consisting of multiple Products with different delivery times.
2.7 Olvystore will send the following information to the Customer no later than upon delivery of the Product, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:
− the visiting address of the Olvystore location 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 notice regarding the exclusion of the right of withdrawal;
− the information about warranties and existing after-sales service;
− the price of the Product including all taxes, if applicable
costs of delivery and the method of payment, delivery or execution of the
Agreement;
− if the Customer has a right of withdrawal, the model withdrawal form.
Article 3 – Prices and payment
3.1 The offered and agreed prices are in Euro and include VAT.
3.2 Payment must be made by one of the payment methods designated by Olvino.
3.3 Payment must be made in Euro, no later than fourteen (14) days after the invoice date by transfer to a bank account designated by Olvystore.
3.4 The Customer is obliged to immediately report any inaccuracies in the provided or stated payment details to Olvystore.
3.5 Olvystore is entitled to provide the invoice to the Customer exclusively by e-mail.
3.6 Olvystore is at all times entitled to require an advance payment of up to 50% of the purchase amount from the Customer. In the event that advance payment has been agreed upon, Olvystore is not obliged to perform the Agreement earlier than after the Customer has paid the amounts due under the agreed advance payment to Olvystore.
3.7 In case of exceeding the payment term, after Olvystore has pointed out the late payment to the Customer, and Olvystore has granted the Customer a period of 14 days to still fulfill their payment obligations and payment has still not been made within this 14-day period, the statutory interest is owed on the outstanding amount until the moment the due amount is paid. In addition, all extrajudicial collection costs for recovering the due amount will be charged to the Customer in case of late payment.
Article 4 – Delivery and delivery times
• 4.1 The delivery times stated by Olvystore are never strict deadlines and start on the day the Agreement was concluded, provided that all data required for delivery have been made available to Olvystore by the Customer.
4.2 The place of delivery is the address that the Customer has provided to Olvystore during the ordering process.
4.3 Olvystore is entitled to execute the Agreement in multiple (partial) deliveries.
4.4 Subject to article 4.1 of these General Terms and Conditions, the Agreement will be executed promptly, but no later than 30 days, unless the Customer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled for any reason, Olvystore will inform the Customer no later than 30 days after the Agreement was concluded. In that case, the Customer has the right to cancel the Agreement free of charge.
4.5 In case of cancellation in accordance with article 4.4 of these General Terms and Conditions, Olvystore will refund the amount paid by the Customer as soon as possible, but no later than 14 days after cancellation.
5.1 The Customer can cancel the Agreement within a reflection period of 14 days without giving any reason. Olvystore may ask the Customer for the reason for cancellation, but the Customer is not obliged to provide one or more reasons.
5.2 The reflection period mentioned in article 5.1 of these General Terms and Conditions starts on the day after the Customer, or a third party previously designated by the Customer who is not the carrier, has received the Product, or:
− if the Customer has ordered multiple products under the same Agreement: the day on which the Customer, or a third party designated by them, has received the last Product;
− if the delivery of a Product consists of multiple (partial) deliveries or components: the day on which the Customer, or a third party designated by them, has received the last delivery or the last component;
− for Agreements for regular delivery of Products over a certain period: the day on which the Customer, or a third party designated by them, received the first Product.
5.3 The Customer who wishes to exercise the right of withdrawal must notify Olvystore within the reflection period by using the withdrawal model form provided by Olvystore, which can be found on the return portal at www.Olvystore.nl/retourneren.
5.4 The Customer must return the Products promptly, but no later than 14 days from the day following the notification referred to in article 5.3 of these General Terms and Conditions.
5.5 The Customer must return the Products with all included accessories, in their original and undamaged condition and packaging, and in accordance with the reasonable and clear instructions provided by Olvino.
5.6 The Customer does not have the right to withdraw for Products whose seal or direct packaging has been broken after delivery.
5.7 If the Customer exercises the right of withdrawal, the costs of returning the Product will be borne by the Customer. If the Customer chose a more expensive delivery method than the standard delivery at the time of Product delivery, the additional costs for the more expensive delivery method will be borne by the Customer.
5.8 If the Customer has already made a payment to Olvystore, Olvystore will refund this amount promptly, but no later than 14 days after the return or withdrawal. Refunds will be made using the same payment method used by the Customer unless the Customer explicitly agrees to a different payment method.
Article 6 – Obligations of the Customer during the reflection period
• 6.1 During the reflection period, the Customer must handle the Product and its packaging with care. The Customer should only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the Customer may only handle and inspect the Product as they would be allowed to do in a physical store.
6.2 The Customer is liable for any depreciation of the Product resulting from handling or use of the Product beyond what is permitted in article 6.1 of these General Terms and Conditions. Olvystore is entitled to charge the Customer for this depreciation, whether or not by offsetting this depreciation against the payment received from the Customer.
Article 7 – Complaint Policy
• 7.1 Complaints regarding the execution of the Agreement must be submitted to Olvystore in writing, fully and clearly described, within a reasonable time after the Customer has discovered the defects. This can be done via www.Olvystore.com/contact
7.2 A complaint submitted to Olvystore will be answered within 2 days of receipt. If a complaint requires a longer processing time, an acknowledgment of receipt and an indication of the timeframe within which the Customer can expect a more detailed response will be provided within 3 days.
7.3 If a complaint is found to be justified by Olvystore, Olvystore will, at its own discretion, replace or repair the delivered Products free of charge.
Article 8 – Liability
• 8.1 The use of the Products must strictly comply with the provided instructions for use. It is the Customer’s own responsibility to determine whether the Products are suitable for the intended use by the Customer.
8.2 Olvystore is not liable for any damage suffered by the Customer, except insofar as this damage is a direct result of intent or deliberate recklessness on the part of Olvystore.
8.3 Olvystore’s liability towards the Customer is in all cases limited to the invoice value of the Products causing the damage.
Article 9 – Force Majeure
• 9.1 Olvystore is entitled to suspend its obligations under the Agreement in case of force majeure. If the period during which Olvystore is unable to fulfill its obligations under the Agreement lasts longer than thirty days, both Olvystore and the Customer have the right to terminate the Agreement by means of a written statement, without being obliged or entitled to any compensation.
9.2 If Olvystore has already partially fulfilled its obligations under the Agreement at the onset of the force majeure situation, or if Olvystore can only partially fulfill its obligations under the Agreement due to the force majeure situation, Olvystore is entitled to charge the Customer proportionally for what has been delivered, as if it were a separate agreement.
Article 10 – Disputes and Applicable Law
10.1 These General Terms and Conditions, as well as the Agreement, are exclusively governed by Dutch law.
Article 1 – General
1.1 In these general terms and conditions (“General Terms and Conditions”) the following is understood:
• − Olvystore: The sole proprietorship, established in Nijmegen at Kroonstraat,
registered with the Chamber of Commerce under number 85287989.
− Customer: any natural person, not acting in the exercise of a profession or business, who enters into an Agreement with Olvystore regarding the delivery of Products by Olvystore.
− Agreement: an agreement between Olvystore and the Customer under which Olvystore supplies Products, on any title whatsoever.
− Products: all goods to be delivered by Olvystore under the Agreement, including but not limited to powdered nutrition and dietary supplements.
− Website: the websites of Olvystore, accessible via www.Olvystore.com and all
associated subdomains.
− Day: calendar day(s).
− Written: in writing and/or electronically.
1.2 These General Terms and Conditions apply to all offers, quotations, order confirmations, Agreements, and all related (legal) acts of Olvystore and the Customer. In case of conflict, the Agreement prevails over the General Terms and Conditions.
1.3 Nullity or non-applicability of one or more provisions in these General Terms and Conditions or part of a provision does not affect the operation and validity of the remaining provisions.
1.4 Olvystore is entitled to make changes to the General Terms and Conditions, which amended General Terms and Conditions will apply from the announced date and after the amended General Terms and Conditions have been sent to the Customer.
1.5 Deviations from these General Terms and Conditions and from the Agreement are only valid if and insofar as they have been expressly and in writing confirmed by Olvystore.
Article 2 – Offer and Formation of Agreements
• 2.1 All offers, quotations, order confirmations, and statements made by or on behalf of Olvystore are entirely without obligation, even if they contain a term for acceptance, and can be revoked by Olvystore at any time.
2.2 The Customer cannot derive any rights from offers, quotations, order confirmations, and statements made by or on behalf of Olvystore that contain an obvious error or mistake.
2.3 An Agreement is concluded subject to the provisions of article 2.X of these General Terms and Conditions, at the moment of acceptance of the offer and compliance with the conditions set by the Customer.
2.4 If the Customer has accepted the offer electronically, Olvystore will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Olvystore, the Customer may revoke the acceptance of the offer.
2.5 Olvystore may – within legal frameworks – verify whether the Customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entering into the Agreement.
are important for a responsible entering into the Agreement. If Olvystore has good grounds based on this investigation not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
• 2.6 Olvystore is entitled to refuse an order or request consisting of multiple Products with different delivery times.
2.7 Olvystore will send the following information to the Customer no later than upon delivery of the Product, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:
− the visiting address of the Olvystore location 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 notice regarding the exclusion of the right of withdrawal;
− the information about warranties and existing after-sales service;
− the price of the Product including all taxes, if applicable
costs of delivery and the method of payment, delivery or execution of the
Agreement;
− if the Customer has a right of withdrawal, the model withdrawal form.
Article 3 – Prices and payment
3.1 The offered and agreed prices are in Euro and include VAT.
3.2 Payment must be made by one of the payment methods designated by Olvino.
3.3 Payment must be made in Euro, no later than fourteen (14) days after the invoice date by transfer to a bank account designated by Olvystore.
3.4 The Customer is obliged to immediately report any inaccuracies in the provided or stated payment details to Olvystore.
3.5 Olvystore is entitled to provide the invoice to the Customer exclusively by e-mail.
3.6 Olvystore is at all times entitled to require an advance payment of up to 50% of the purchase amount from the Customer. In the event that advance payment has been agreed upon, Olvystore is not obliged to perform the Agreement earlier than after the Customer has paid the amounts due under the agreed advance payment to Olvystore.
3.7 In case of exceeding the payment term, after Olvystore has pointed out the late payment to the Customer, and Olvystore has granted the Customer a period of 14 days to still fulfill their payment obligations and payment has still not been made within this 14-day period, the statutory interest is owed on the outstanding amount until the moment the due amount is paid. In addition, all extrajudicial collection costs for recovering the due amount will be charged to the Customer in case of late payment.
Article 4 – Delivery and delivery times
• 4.1 The delivery times stated by Olvystore are never strict deadlines and start on the day the Agreement was concluded, provided that all data required for delivery have been made available to Olvystore by the Customer.
4.2 The place of delivery is the address that the Customer has provided to Olvystore during the ordering process.
4.3 Olvystore is entitled to execute the Agreement in multiple (partial) deliveries.
4.4 Subject to article 4.1 of these General Terms and Conditions, the Agreement will be executed promptly, but no later than 30 days, unless the Customer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled for any reason, Olvystore will inform the Customer no later than 30 days after the Agreement was concluded. In that case, the Customer has the right to cancel the Agreement free of charge.
4.5 In case of cancellation in accordance with article 4.4 of these General Terms and Conditions, Olvystore will refund the amount paid by the Customer as soon as possible, but no later than 14 days after cancellation.
5.1 The Customer can cancel the Agreement within a reflection period of 14 days without giving any reason. Olvystore may ask the Customer for the reason for cancellation, but the Customer is not obliged to provide one or more reasons.
5.2 The reflection period mentioned in article 5.1 of these General Terms and Conditions starts on the day after the Customer, or a third party previously designated by the Customer who is not the carrier, has received the Product, or:
− if the Customer has ordered multiple products under the same Agreement: the day on which the Customer, or a third party designated by them, has received the last Product;
− if the delivery of a Product consists of multiple (partial) deliveries or components: the day on which the Customer, or a third party designated by them, has received the last delivery or the last component;
− for Agreements for regular delivery of Products over a certain period: the day on which the Customer, or a third party designated by them, received the first Product.
5.3 The Customer who wishes to exercise the right of withdrawal must notify Olvystore within the reflection period by using the withdrawal model form provided by Olvystore, which can be found on the return portal at www.Olvystore.nl/retourneren.
5.4 The Customer must return the Products promptly, but no later than 14 days from the day following the notification referred to in article 5.3 of these General Terms and Conditions.
5.5 The Customer must return the Products with all included accessories, in their original and undamaged condition and packaging, and in accordance with the reasonable and clear instructions provided by Olvino.
5.6 The Customer does not have the right to withdraw for Products whose seal or direct packaging has been broken after delivery.
5.7 If the Customer exercises the right of withdrawal, the costs of returning the Product will be borne by the Customer. If the Customer chose a more expensive delivery method than the standard delivery at the time of Product delivery, the additional costs for the more expensive delivery method will be borne by the Customer.
5.8 If the Customer has already made a payment to Olvystore, Olvystore will refund this amount promptly, but no later than 14 days after the return or withdrawal. Refunds will be made using the same payment method used by the Customer unless the Customer explicitly agrees to a different payment method.
Article 6 – Obligations of the Customer during the reflection period
• 6.1 During the reflection period, the Customer must handle the Product and its packaging with care. The Customer should only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle is that the Customer may only handle and inspect the Product as they would be allowed to do in a physical store.
6.2 The Customer is liable for any depreciation of the Product resulting from handling or use of the Product beyond what is permitted in article 6.1 of these General Terms and Conditions. Olvystore is entitled to charge the Customer for this depreciation, whether or not by offsetting this depreciation against the payment received from the Customer.
Article 7 – Complaint Policy
• 7.1 Complaints regarding the execution of the Agreement must be submitted to Olvystore in writing, fully and clearly described, within a reasonable time after the Customer has discovered the defects. This can be done via www.Olvystore.com/contact
7.2 A complaint submitted to Olvystore will be answered within 2 days of receipt. If a complaint requires a longer processing time, an acknowledgment of receipt and an indication of the timeframe within which the Customer can expect a more detailed response will be provided within 3 days.
7.3 If a complaint is found to be justified by Olvystore, Olvystore will, at its own discretion, replace or repair the delivered Products free of charge.
Article 8 – Liability
• 8.1 The use of the Products must strictly comply with the provided instructions for use. It is the Customer’s own responsibility to determine whether the Products are suitable for the intended use by the Customer.
8.2 Olvystore is not liable for any damage suffered by the Customer, except insofar as this damage is a direct result of intent or deliberate recklessness on the part of Olvystore.
8.3 Olvystore’s liability towards the Customer is in all cases limited to the invoice value of the Products causing the damage.
Article 9 – Force Majeure
• 9.1 Olvystore is entitled to suspend its obligations under the Agreement in case of force majeure. If the period during which Olvystore is unable to fulfill its obligations under the Agreement lasts longer than thirty days, both Olvystore and the Customer have the right to terminate the Agreement by means of a written statement, without being obliged or entitled to any compensation.
9.2 If Olvystore has already partially fulfilled its obligations under the Agreement at the onset of the force majeure situation, or if Olvystore can only partially fulfill its obligations under the Agreement due to the force majeure situation, Olvystore is entitled to charge the Customer proportionally for what has been delivered, as if it were a separate agreement.
Article 10 – Disputes and Applicable Law
10.1 These General Terms and Conditions, as well as the Agreement, are exclusively governed by Dutch law.
