TERMS & CONDITIONS
The General Conditions of Sale set out below must be read carefully and duly accepted before any orders are placed on the www.asn-nutrition.eu website.
1. The website
3. Prices and Payment
5. Withdrawal right and Cancelling
6. Protection of personal data
8. Vis major
10. Whole agreement
11. Applicable law and jurisdiction
1. THE WEBSITE
The ASN EUROPE website (hereinafter the “Website”) is an e-commerce website that is accessible via the Internet at https:// www.asn-nutrition.eu or any other link to this Website. It is open to all Internet users (hereinafter, the “Internet User”). It is sold by ASN EUROPE (hereinafter “ASN”), a Dutch Import and dealer company. Its registered office is located at Roverbruidegom 28 5629KT Eindhoven The Netherlands and incorporated in the commercial registry of Eindhoven, under number NL 17135799.
The Website enables ASN EUROPE to place supplements and other products (hereinafter the “Products”) on sale to Internet. Users who visit the Website (hereinafter the “Website Users”). For the application of these General Conditions of Sale, it is agreed that the Website User and ASN EUROPE shall be jointly referred to as the “Parties” and individually referred to as a “Party”, and that Website Users who have validated an order shall be referred to as “Purchasers”. Website Users’ rights and obligations necessarily apply to Purchasers. Products are intended for the personal use of Website Users, in no direct relation to their professional activity.
Unless otherwise expressly agreed in writing, all sales are subject to the following terms and conditions. Website Users should note that their order must not exceed a total of € 10000.–. If the order exceeds the aforementioned amount, the order shall be invalid.
The Products ordered by Website Users shall be delivered Worldwide. The orders for which a P.O box delivery address has been chosen can be proceeded with extra costs. Website Users who wish to purchase via the Website declare that they have full legal capacity and are aged 18 or over.
All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sales, without said acceptance being contingent on the Website User providing a hand-written signature. The recording and validation of the order form constitutes the placing of an order between ASN EUROPE and Website Users for the purchase of the ordered products. The purpose of these General Conditions of Sales is to define the Parties’ rights and obligations that arise from the online sale of the Products offered on the Website, exclusively as regards the relations the Parties establish on the Internet and solely those formed on the Website. These General Conditions of Sales determine all the steps required to place an order and ensure the follow-up of the said order between the parties. The General Conditions of Sale in force may be consulted at any time by clicking on the link. ASN EUROPE may update these General Conditions of Sale at any time. These General Conditions of Sale apply to the exclusion of all other documents.
The Products ASN EUROPE offers for sale are those listed on the Website, on the date the Website User consults the Website, within the limit of available stock and subject to the conditions laid down in Paragraph 1, and under the following restrictions: due to transportation constraints, aerosols are not available for sale as well as products containing alcohol.
The photographs that illustrate the Products do not fall within the scope of the contract and ASN EUROPE’s liability may not be incurred in connection with any such error. While every effort is made to ensure that the shade of ASN EUROPE products for which photos are displayed on www.asn-nutrition.eu is an accurate representation of the original products, variations may occur, in particular due to technical limitations in reproducing color using information technology.
Consequently, ASN EUROPE may not be held liable for errors or inaccuracies in photographs or graphics showing ASN EUROPE products that are presented on www.asn-nutrition.eu.
Products are offered subject to availability. If a Product is not available, this will be mentioned on the Website. Website Users may then, if they so wish, click on the “notify me” button and enter their e-mail address in order to be informed as soon as the Product becomes available again. If a Product’s unavailability is discovered after order validation, Purchasers shall have the option of cancelling their order by requesting either the reimbursement of the amounts paid within a maximum of thirty (30) days after being debited, or exchanging the unavailable Product(s), by sending an e-mail request (Please see Contact section on the website – link). ASN EUROPE may not be held liable if products are out of stock or unavailable.
Retention of title:
The Products ordered shall remain the property of ASN EUROPE until full receipt of the price by ASN EUROPE. If there is a payment incident or in the event of incomplete or partial payment, the Purchaser undertakes, at the cost of the Purchaser, to return the Products received to ASN EUROPE at the latter’s first request. However, on the effective date of delivery, the risks (in particular of loss, theft or damage) concerning the Products delivered are transferred to the Purchaser.
3. PRICES AND PAYMENT
The prices of the Products are given in Euro (€). They do include the VAT. The price invoiced to the Purchaser is the price stated on the order confirmation sent via e-mail by ASN EUROPE. The prices given do not include the packaging and delivery costs, which will be invoiced in addition and specified to Website Users before the order is validated and when the order is definitely validated. The shipping fees are mentioned on the Website. The Website User accepts ASN EUROPE’s right to modify its prices at any time; however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
All payments must be made immediately over the Internet. Unless the server is unavailable, Website Users may, in order to validate the order, pay by PayPal, Credit Card, IDEAL, Wire transfer or one of the other options.
ASN EUROPE reserves the right to refuse all orders or deliveries if the limits stated in paragraph 1 above are exceeded, if there is an existing dispute with the Purchaser, or in the event of total or partial failure to pay. As part of the fight against online fraud, information concerning orders will be checked by ASN EUROPE’s designated payment partner.
Mechanisms and timescales Orders paid for on workings days are processed immediately after receiving the payment . Orders are then dispatched by UPS, or by mail. You will be delivered within the number of days mentioned in the expedition option be counted from the moment of reception of your order confirmation from ASN EUROPE. The Products ordered by a Purchaser will be delivered to the address stated by the Purchaser on the order form. All orders will be delivered within 30 days, (exceptions are delivery problems metioned bellow)
ASN EUROPE refuses all liability in the event of overly long delivery time caused by UPS or the postal services, as well as in the event of the loss of the Products ordered or a UPS strike or postal strike. All transport risks will be borne by the Purchaser. If a delivery is late, the Purchaser must inform the ASN EUROPE customer service department as soon as possible, by e-mail (section Contact us Section – link). ASN EUROPE will then contact UPS or the post office to request an investigation which may take some time. Moreover, ownership of the Products orders will not be transferred to the Purchaser until full payment of the invoice has been received, inclusive of delivery charges. Upon receipt of Products ordered, the Purchaser must check that Products are compliant. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by Purchasers on the form presented to them when the parcel is delivered and must imperatively be notified to the ASN EUROPE customer service department, by e-mail (see Contact-us Section – link). All claims filed more than 7 working days after the day of receipt will be rejected and ASN EUROPE will be released from all liability. ASN EUROPE refuses all liability if a product is lost, sent to the wrong address or delivered late, inasmuch as transports risks have been accepted and will be borne by the Purchaser.
5. WITHDRAWAL RIGHT AND CANCELLING
Product(s) with which the Purchaser is not satisfied
If Purchasers are not satisfied with the Product(s) ordered, they have a period of fourteen (14) days in which to return it/them, at their own expense, effective from the date of receipt. The Product(s) must be returned in their original form and sealed packaging, and accompanied by the slip included with the invoice or delivery note to the following address: ASN EUROPE – Service Client ASN EUROPE – Roverbruidegom 28, 5629 KT Eindhoven, Netherlands. ASN EUROPE does not accept parcels with carriage due. All risks linked to the return of Product(s) shall be assumed by the Consumer. If the aforementioned conditions are fulfilled, ASN EUROPE will reimburse the Purchaser within a maximum of thirty (30) days for the amounts that correspond to the Product(s) purchased.
Your right to cancel the order
If Purchasers want to cancel the ordered, they have a period of fourteen (14) days in which to return it/them, at their own expense, effective from the date of receipt. The Product(s) must be returned in their original form and sealed packaging, and accompanied by the invoice or delivery note to the following address: ASN EUROPE – Service Client ASN EUROPE – Roverbruidegom 28, 5629 KT Eindhoven, Netherlands. ASN EUROPE does not accept parcels with carriage due. All risks linked to the return of Product(s) shall be assumed by the Consumer. If the aforementioned conditions are fulfilled, ASN EUROPE will reimburse the Purchaser within a maximum of thirty (30) days for the amounts that correspond to the Product(s) purchased.
All non-compliant Products must be returned to ASN EUROPE for exchange or reimbursement, in their original form and sealed packaging, accompanied by the invoice or delivery note, to the following address: ASN EUROPE – ASN EUROPE Service Client ASN EUROPE Roverbruidegom 28, 5629KT Eindhoven, Netherlands, Carriage costs will be borne by ASN EUROPE in the event that the decision to return Product(s) results from an error made by ASN EUROPE. ASN EUROPE will then initiate the procedure to exchange or reimburse the defective or missing Product(s). Upon receipt by ASN EUROPE of Product(s) that are presumed to be non-compliant, ASN EUROPE will examine said Product(s) as quickly as possible. If the non-compliant nature of the Product(s) is confirmed by ASN EUROPE, the Purchaser will be reimbursed within thirty (30) days, for the amounts that correspond to the price(s) of the Product(s) acquired.
6. PROTECTION OF PERSONAL DATA
Providing personal information that is collected within the scope of distance selling is mandatory, as this information is needed to process and deliver orders, and to prepare invoices. Such personal information is strictly confidential; therefore, we will not provide your personally identifiable information to third parties for their use in marketing their products or services without your consent. The purchaser may review and change the personally identifiable information you provide to us at any time by emailing us. Failing to provide such personal information entails automatic rejection of the order. Choice /Opt out: You may opt out of receiving future communication when you register at this site or otherwise provide your contact information to us by clicking the “unsubscribe link at the bottom of each communication you receive.
8. VIS MAJOR
Neither Party shall be liable for the total or partial non-performance of its obligations pursuant to this contract that is caused by an event outside of its reasonable control (a Force Majeure Event). Force Majeure Events shall be deemed to include, without limitation, war, riots, insurrection, severe disturbance in the security of Internet, technical failures, unauthorized access and/or intrusions into the Website’s servers, strikes of all natures and computer or telephone failures. If a Party cites an event that constitutes a Force Majeure Event, it must inform the other Party thereof within five working days of the occurrence or threatened occurrence of said event. The Parties agree that they must consult with each other in a timely manner in order to determine together the terms and conditions of fulfilling orders during the occurrence of a Force Majeure Event of vis major. After one (1) month of interruption due to a Force Majeure Event, ASN EUROPE may choose to cancel the order(s), in which case it shall reimburse the Purchaser where applicable.
If one or more stipulations of these General Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
10. WHOLE AGREEMENT
These General Conditions of Sale and the order summary sent to the Purchaser together form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the General Conditions of Sale shall prevail.
11. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale and the contractual relations between ASN EUROPE and the Purchaser shall be governed by the laws of The Netherlands and shall be submitted to the jurisdictions of the Courts of The Netherlands (or to the Courts of the Canton of Eindhoven).