TERMS & CONDITIONS
Article 1 – Definitions:
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance.
- Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession.
- Distance Contract: an agreement where, within the framework of a system organized by the entrepreneur for the distance selling of products, digital content, and/or services, only one or more communication techniques are used up to and including the conclusion of the agreement.
- Cooling-off Period: the period during which the consumer can exercise their right of withdrawal.
- Right of Withdrawal: the consumer’s option not to proceed with the distance contract within the cooling-off period.
- Day: calendar day.
- Durable Medium: any tool, including email, that allows the consumer or entrepreneur to store information personally addressed to them in a way that facilitates future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the Entrepreneur:
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Article 3 – Applicability:
- These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before concluding a distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the General Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer, as soon as possible, at the consumer’s request.
Article 4 – The Offer:
- If an offer is of limited duration or if certain conditions apply, it will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
- Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The Agreement:
- The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may, within the limits of the law, inform whether the consumer can meet his payment obligations, as well as all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has a good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
- The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information in writing or in such a way that the consumer in an accessible manner can store it on a durable medium: a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal; c. the information on warranty and existing after-sales service; d. the price, including all taxes, of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite; f. if the consumer has a right of withdrawal, the model form for withdrawal.
- In the case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Article 10 – Exclusion of Right of Withdrawal: The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to the conclusion of the contract:
- Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period;
- Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content, and/or services are offered by the trader to the consumer who is present in person or has the opportunity to be present in person at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
- Service contracts, after full performance of the service, but only if: a. the execution has started with the consumer’s explicit prior consent; and b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely executed the contract;
- Package holidays as referred to in article 7:500 Civil Code and contracts of passenger transport;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services, and catering;
- Agreements relating to leisure activities if the agreement provides for a certain date or period of performance;
- Products made to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Products that after delivery by their nature are irrevocably mixed with other products;
- Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio-, video-recordings, and computer software, of which the seal has been broken after delivery;
- Newspapers, magazines, or journals, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if: a. the execution has started with the express prior consent of the consumer; and b. the consumer has declared that he thereby loses his right of withdrawal.
Additional Clause for Primal Focus Products: 15. For the product category known as “Microdosing Pellets,” consumers acknowledge and agree that these pellets are intended for research purposes only. By accepting these terms and conditions and purchasing Microdosing Pellets, the customer recognizes that these pellets are to be used solely for professional research purposes, and the customer legally affirms their entitlement to receive this product.
Article 12 – Fulfilment of Agreement and Additional Warranty:
- The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer, or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
- By additional warranty is meant any commitment of the entrepreneur, his supplier, importer, or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 13 – Delivery and Execution:
- The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer, in that case, has the right to terminate the contract without penalty and the right to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the amount paid without delay.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and agreed representative, unless expressly agreed otherwise.
In case of any inconsistency between the English and other versions, the English version shall prevail. Primal Focus reserves the right to amend these General Terms and Conditions. The consumer is advised to consult the terms and conditions on a regular basis for possible changes.