Terms and conditions
Introduction.
The Fitness Candy Company is an independent, impartial provider of a healthier category of food products and snacks. The Fitness Candy Company sells its products exclusively through its website. The Fitness Candy Company carefully curates its assortment. Products are selected based on nutritional values, composition, production, and applicability.
To guarantee the quality of its offerings, The Fitness Candy Company regularly conducts random checks on its assortment. The Fitness Candy Company cannot be held responsible for incidental manufacturing defects in the products offered.
Definitions.
1. The Fitness Candy Company, hereinafter referred to as the "retailer";
2. Interested party, the website visitor, hereinafter referred to as "the consumer";
3. Articles offered on the website, hereinafter referred to as "the product";
4. The store, the website on which the products are offered;
5. "The checkout," the payment system with which the consumer pays for the products on the online store, after which they are shipped by the retailer.
Applicability.
1. These general terms and conditions apply to the retailer's offer and to every agreement between the consumer and the retailer.
2. Before this agreement is concluded, the general terms and conditions will be made available to the consumer electronically.
3. If the agreement is concluded electronically, the general terms and conditions can be made available to the consumer electronically via the same method.
The assortment.
1. The majority of the assortment includes healthier food choices in the range of bars, drinks, and quick bites, all sports-related.
2. It is forbidden to resell the products or services provided by the retailer or to provide them to a third party.
3. All products offered by the retailer are purchased and offered packaged for hygiene reasons. Therefore, a minimum purchase may apply to a product.
4. All products within the assortment are clearly described in detail to enable a proper assessment of the product by the consumer. If the retailer uses images, these are truthful to the product offered. Images may differ due to renewed product appearances.
5. The Fitness Candy Company sources its products from both domestic and international suppliers. Any possible connections with known suppliers are purely coincidental.
6. All products have a long shelf life, which logically means that the consumer can store them for at least 14 days.
7. If there is an exception to paragraph 6 regarding limited shelf life, this will be explicitly stated by the retailer in the product description. This does not obligate the retailer to adjust discounts on the product.
8. The retailer will always do its utmost to have and keep the entire assortment in stock. In the event of low sales figures, an item may be removed from the assortment for shelf-life reasons.
9. The retailer reserves the right at all times to adjust the prices of the assortment. Price changes will then apply from that moment on to all newly concluded agreements.
10. All offers are entirely without obligation, valid for the period determined by the retailer, and valid as long as the stock of the product concerned lasts.
11. Nutritional values and ingredients are stated in Dutch on the FITNESS CANDY website.
The store.
1. The store is the virtual store of The Fitness Candy Company. All our articles can be found and ordered here in categories.
2. Questions about a product can only be handled via email and phone.
Agreement.
1. The agreement is concluded by the consumer's acceptance of the offer and compliance with the associated conditions.
2. If the consumer accepts the offer electronically, the retailer must confirm the acceptance of the offer.
3. All prices mentioned in the agreement are inclusive of VAT.
4. The retailer may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If, based on this investigation, the retailer has sound reasons to refuse the agreement, they are entitled not to enter into an order or application or to attach special conditions to its execution.
5. The retailer will, at the latest upon delivery of the product, service, or digital content to the consumer, provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner;
6. The contact details, through which the consumer can reach the retailer with any questions.
7. Information about guarantees and returns.
8. The price of the product, including taxes and other additional costs.
9. When a product is discounted, it is not possible to add an additional discount using a discount code. Discount on discount is not possible.
10. The retailer is entitled to partially or fully outsource the agreement to a counterparty without consulting the consumer, as long as the agreement meets the requirements and conditions as set by the retailer.
11. In cases of force majeure, the retailer may deviate from the general terms and conditions regarding delivery, payment, and returns. Force majeure includes, among other things, strikes, lockouts, staff shortages, and third-party shortcomings.
Subscription agreement.
1. Subscriptions always have a minimum cancellation period of 1 month.
2. The consumer can cancel the subscription by sending an email to info@fitnesscandy.nl or by logging into their account and canceling manually.
3. Subscription fees are charged monthly and must be paid within the specified payment term.
4. In case of late payment, the retailer reserves the right to terminate the subscription and not send the products.
5. In the 'Surprise' subscription model, the consumer grants the retailer the right to determine which 12 protein bars will be sent.
Delivery.
1. The entrepreneur will exercise the greatest possible care when executing the concluded agreement.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. The retailer is responsible for the quality and condition of the product up to the moment of shipment. After shipment, the retailer is only responsible for the shelf life of the unopened products.
4. If the consumer has ordered multiple products in the same order, the retailer may apply different delivery conditions if the retailer informs the consumer thereof. An order of multiple products with different delivery times may also be refused.
5. For the Netherlands: Ordered and paid before 4:00 PM on Monday to Friday = shipped the same day. Orders placed during the weekend will be shipped on Monday. Orders placed on Sunday will be delivered on Tuesday! Shipping costs are €6.95. From €75,- (AFTER discount), shipping costs are free.
6. For Belgium: Ordered and paid before 4:00 PM on Monday to Friday = shipped the same day. Orders placed during the weekend will be shipped on Monday. We maintain an average shipping time of 24 to 48 hours after your order arrives at PostNL. Shipping costs to Belgium are €6.95. From €90,- (AFTER discount), shipping costs are free.
Payment & Deposit Scheme
1. All products purchased in the store must be paid for directly at the checkout before they are shipped by the retailer. This payment can be made via iDEAL and Klarna.
2. The consumer has the obligation to report payment details to the retailer with 100% accuracy.
3. The consumer should be aware that for orders placed below €75 (after discount), shipping costs will be charged.
4. For all bottles and cans subject to a deposit, €0.15 per item will be charged. If the deposit is removed from the shopping cart or not included, we reserve the right to invoice this amount separately. The order will only be shipped after this additional invoice has been paid in full.
Complaints.
1. In exceptional cases where the product does not meet the minimum requirements, as set by the retailer after opening the product, a suitable solution can be communicated via visual confirmation via the retailer's email.
2. Complaints about the execution of the agreement must be submitted to the retailer fully and clearly described within a reasonable time after the consumer has discovered them.
3. Consumer complaints are always communicated to the retailer by email (info@fitnesscandy.nl), not via social media.
Returns.
1. If an item does not meet the minimum requirements, as set by the retailer, it can be returned in its unopened, original packaging. The minimum requirements may vary per product and will be clearly stated if they deviate.
2. A return must be made by the consumer within 14 days.
3. A return must always be indicated by email (info@fitnesscandy.nl), after which the steps for returns will follow by email. A return is always at your own expense.
4. Obligations of the consumer after receipt before returns;
5. The consumer must handle the product and its packaging with care. The consumer may only handle and inspect the product as they would be allowed to do in a physical store.
6. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 3a.
- Obligations of the retailer regarding returns;
1. If the retailer receives and approves a return request, the retailer must confirm this to the consumer.
2. The retailer will reimburse all payments from the consumer, excluding shipping and return costs. Unless the retailer offers to collect the product themselves, they may wait with repayment until they have received the product.
3. The refund will be made within 30 days.
4. The retailer will use the same payment method for reimbursement as the consumer used, unless the consumer agrees to another method.
5. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the retailer does not have to reimburse the additional costs for the more expensive method.
Exclusion of returns.
1. The retailer can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this with the offer, or at least in good time before the conclusion of the agreement:
2. The retailer may refuse returns if the product or the composition of the product has been personalized for the consumer at the consumer's request.
3. Products with a limited shelf life, if the retailer has stated this when the agreement was concluded.
4. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
5. All written products that are not offered on a material carrier (magazines, newspapers, e-books). Provided that the fact that this type of product cannot be returned is stated in the product description.
Disputes.
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Additional or deviating provisions.
1. Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's disadvantage and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
2. If the product has been ordered by the consumer and the stock deviates, the retailer has the right to cancel the product from the order.