Terms and Conditions of MB Superfoods
1.1. “Buyer” means the individual or organization who buys or agrees to purchase the Goods from the Supplier;
1.2. “Consumer” means the individual who intends to order, order, or uses purchased goods, products, or services primarily for personal, social, family, household, and similar needs, not directly related to entrepreneurial or business activities;
1.3. “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4. “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.6. “Supplier” means MB Superfoods and MB Superfoods;
1.7. “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8. Website” means mbsuperfoods.com.
2. IDENTITY OF THE SUPPLIER
2.1. The Supplier solely sells products online on the Website. The business address (no visitors, no sales, and no physical store) is:
3511 NL Utrecht
+31 (0) 6 41 34 89 60
3.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3.2. These Terms and Conditions shall apply to all sale contracts, all Goods by the Supplier to the Buyer, and shall prevail over any other documentation or communication from the Buyer.
3.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
3.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
3.5. Any complaints should be addressed to the Supplier’s address stated in clause 2.1.
4.1. All Goods supplied within are for personal and non-commercial use. They may not be re-sold. All commercial purchases must be negotiated and agreed upon in advance.
4.2. Where persons of a certain age may only purchase goods, the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
4.3. If the Supplier discovers that the Buyer is not legally entitled to order certain Goods, the Supplier shall be entitled to cancel the order immediately, without notice.
4.4. The Buyer must be 18 years of age to register an account with the Website. The Buyer must supply the Supplier with correct registration information and promptly notify the Supplier of any changes.
4.5. Use of the Website is subject to these Terms and conditions.
4.6. The Supplier reserves the right to deny the use of the Website to anyone.
5. CONTENT AND INFORMATION
5.1. The Supplier reserves all copyright in photographs and print provided throughout the Website, and otherwise as produced.
5.2. Any infringement of copyright, whether by replicating photographs or the repetition and plagiarism of print, without written permission, will not be tolerated. The Supplier reserves the right to raise legal proceedings to protect its commercial interests.
5.3. The Supplier does not guarantee the accuracy of all information on the Website and takes no responsibility for inaccuracies.
5.4. The Supplier will attempt to correct any inaccuracies as soon as errors are brought to their attention.
5.6. Logos belonging to Facebook, etc. belong to their relevant corporations
5.7. It is not allowed to link to this Website or include this Website in part or whole within another external website without prior written permission.
6.1. All orders for Goods shall be deemed an offer by the Buyer to purchase Goods under these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
6.2. Where the Buyer ordered goods that are not available from stock, the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
6.3. Promotional and discount codes are to be used only once applicable and may not be combined with any other offers. Should an offer code be used more than once or deemed by the Supplier to abuse the fair usage policy, then the Supplier can withdraw, withhold, or cancel the promotional code.
6.4. Buyer needs to check their order before proceeding carefully – the Supplier is not responsible for any errors. The Buyer agrees to supply the Supplier with correct information, including delivery address, and notify the Supplier of any changes.
6.5. The Buyer must acknowledge that they are over 18.
6.6. The Buyer must have permission to use payment method – their card e.g.
7. PRICE AND PAYMENT
7.1. The price of the Goods shall be stipulated on the Website. The price is inclusive of BTW (Dutch VAT) unless otherwise stated. The shown price excludes delivery charges. All prices are in euro.
7.2. The total purchase price, including BTW and delivery charges, if any, will be displayed in the Buyer’s shopping cart before confirming the order.
7.4. Payment of the price plus BTW and delivery charges, if applicable, must be made at the point of ordering.
7.5. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue, and the Supplier will be entitled immediately to cease or suspend further deliveries of Goods until payment has been received.
7.6. Delivery charges are additional and added after.
8. RIGHTS OF SUPPLIER
8.1. The Supplier reserves the right not to accept your order for any reason and no need to contact you in advance.
8.2. The Supplier reserves the right to change the price of goods at any time with no prior notice. However, once purchased, the Supplier will not change the price.
8.3. The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period. The Supplier shall make every effort to ensure prices are correct when the Buyer places an order.
8.4. The Supplier reserves the right to withdraw any Goods from the Website at any time.
8.5. The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
8.6. The Supplier shall not be liable to anyone for withdrawing any Goods from the Website or refusing to process an order.
9.1. Delivery of the Goods shall be made to the Buyer’s address specified in the order.
9.2. While the Supplier will ship to most European countries, he may not offer to track in every country. Furthermore, the Buyer is responsible for knowing, understanding, and abiding by any country’s laws; they have requested this product to be shipped. The Buyer will not hold the Supplier, his employees, or the Website at fault for any damages, delays, or fines incurred.
9.3. Orders from the Supplier are discreetly packaged. While there have been minimum issues with the shipping and delivery of products, the Supplier has no control over postal services and customs at the product’s shipping destination. The Buyer agrees to assume responsibility for all damages, delays, or loss resulting from delivery by postal service or customs by ordering Suppliers’ products.
9.4. If any goods are damaged or missing, the Buyer must notify the Supplier immediately.
9.5. Responsibility for damage or loss is passed to the Buyer if delivery is attempted. Still, the Buyer is not present to receive their order, wrongfully refuse delivery, or supply an incorrect address.
9.6.The Supplier will not refund delivery charges when deliveries are delayed.
10. CANCELLATION AND RETURN
10.1. The Buyer has a legal right to cancel an order for non-perishable Goods during the period described in clause 10.3. This means that if the Buyer changes his mind or for any other reason he decides he does not want to keep the Goods, he can notify the Supplier of his decision to cancel the Contract and receive a refund.
10.2. However, please note that this cancellation right does not apply in the case of perishable goods.
10.3. The Buyer’s right to cancel starts from the order confirmation date, when the Contract is formed, and ends 14 (fourteen) days after the Buyer receives the Goods. If that 14 day period ends on a weekend or a public holiday in the Netherlands, then the final day the Buyer can cancel will be the next working day.
10.4. To cancel a Contract, the Buyer contacts the Supplier in writing by sending an email to one of the email addresses described in clause 2.1 or by sending a letter to the address described in clause 2.1. The Buyer may wish to keep a copy of his cancellation notification for his records. If the Buyer sends his cancellation notice by email or by post, then the cancellation is effective from the date the Buyer sends out the email or commands the letter.
10.5. The Buyer will receive a full refund of the price he paid for the Goods and any applicable delivery charges he paid. The Supplier will process the refund once they have received the returned Goods and, in any case, within 30 calendar days of the day on which the Buyer gave notice of cancellation as described in clause 10.4.
10.6. If the Buyer wishes to cancel their order, they must return the Goods to the Supplier as soon as reasonably practicable.
10.7. Goods to be returned must clearly show the order number obtained from the Supplier on the package.
10.8. The Buyer will be responsible for the cost of returning the goods to the Supplier.
10.9. The Buyer has a legal obligation to keep the Goods in his possession and take reasonable care of the Goods while they are in their possession.
11. FORCE MAJEURE
11.1. The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. Including but not limited to acts of God, strikes, lockouts, accidents, war, fire, failure of any communications, telecommunications, or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
12.1. If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed. The remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS
13.1. The Supplier shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. GOVERNING LAW AND JURISDICTION
14.1. These Terms and Conditions shall be governed by and construed under the law of the Netherland