General Terms and Conditions of Delivery of VandenBrink Vitaler B.V., with registered office in The Hague, the Netherlands, lodged with the Chamber of Commerce in The Hague under number 84478152. Also operating under the name Vitbliss.com.

1.1 These General Terms and Conditions of Delivery apply to all orders and agreements with respect to the delivery of goods and the performance of work (hereinafter "deliverables") by Vitaler B.V. (hereinafter "Vitaler"). Derogations from or supplements to these General Terms and Conditions of Delivery require the express written permission of Vitaler. The applicability of any general terms and conditions of the Client, howsoever called, is expressly rejected. Vitaler reserves the right to amend or supplement these Terms and Conditions.
1.2 "Client" means any visitor to the website and any natural person or legal entity having entered into a contractual relationship of any kind with Vitaler.
1.3 By using the website of Vitaler and/or by placing an order, the Client accepts these General Terms and Conditions as well as all other rights and obligations mentioned on the website.
1.4 If, for any reason, any of the provisions of these Terms and Conditions is void or voidable in whole or in part, the remaining provisions will remain in full force and effect.
1.5 These Terms and Conditions can be found on Vitaler's website (www.vitbliss.com).

2. Conclusion of an agreement

2.1 An offer or quote is an invitation to a prospective Client to place an order. Vitaler is not in any way bound thereby, except if this is expressly agreed in writing. The acceptance by the prospective Client of the invitation to place an order will only result in an agreement if the other provisions of this article are complied with.
2.2 Offers are valid only while stocks last.
2.3 An order from a prospective Client as referred to in article 2.1 is deemed to have been placed in the following circumstances:
- the prospective Client has specified the product and/or service he wishes to receive.
- the prospective Client has completed the order form on the website and the data in question has been sent electronically to and has been received by Vitaler.
- the Client has confirmed that he or she is at least 18 years of age.
2.4 An agreement is concluded when an order confirmation is sent by email to the Client's email address specified by the Client.
2.5 The Client and Vitaler expressly agree that by using electronic means of communication a valid agreement is concluded as soon as the conditions set out in articles 2.4 and 2.5 are met. The absence of a handwritten signature does not affect the binding nature of the offer and its acceptance. The electronic files of Vitaler are presumed to be evidence thereof.
2.6 Information, images and notifications provided and made orally, by telephone or email and statements with respect to the products are provided, made and displayed as accurately as possible. However, Vitaler does not warrant that the products are in conformity with the information provided. Deviations will not give rise to compensation.

3. Offers and conclusion of Agreement

3.1 All prices are stated in euros (USD for the USA) and are inclusive of value added tax.
3.2 Special offers are valid only for the period specified in the relevant offer. The period of validity of a special offer is specified in a brochure or on the website.
3.3 The Client must pay the price stated by Vitaler in its confirmation in accordance with article 2.5 of these Terms and Conditions. Obvious errors in the quote, such as manifest inaccuracies, may also be corrected by Vitaler after the conclusion of the agreement.
3.4 The price quoted is exclusive of delivery charges. The delivery charges are published on the website.
3.5 The prices of products mentioned in the offer or quote are inclusive of value added tax (btw) and apply only to orders and deliveries in the Netherlands.
Other terms of delivery and rates may apply to deliveries outside the Netherlands.

4. Delivery

4.1 Orders placed via the website can be paid by any of the following methods:
- iDEAL
- Credit card (Visa and Mastercard)
- PayPal
- Bancontact.
Vitaler may limit or increase the available payment methods in the future. Other payment methods will be published on the website.
4.2 The Client will be in default by the mere expiry of a term of payment agreed between the parties. Terms of payment may be agreed in writing only and are subject to conditions to be set and agreed.
4.3 If the payment method chosen is a credit card, the terms and conditions of the card issuer in question apply. Vitaler is not a party to the relationship between the Client and the card issuer.
4.4 If the Client fails to make payment in a timely manner or at all, a payment reminder procedure will be initiated.
4.5 Any and all judicial and extrajudicial costs incurred by Vitaler as a consequence of the Client's failure to meet his or her payment or other obligations are payable by the Client.
4.6 If the Client fails to make payment in a timely manner, Vitaler is entitled to cancel the agreement with immediate effect or to suspend any (further) deliveries until the Client has met his or her payment obligations, including the obligation to pay costs, in full.
4.7 The Client is obliged to inform Vitaler without delay of any inaccuracies in payment details provided or stated.
4.8 A list of invoices already paid and yet to be paid can be viewed in the Client's personal account.
4.9 If a first payment reminder is issued and no payment is made within the time limit specified in the reminder, Vitaler is entitled to unilaterally terminate its services with immediate effect.
4.10 The products remain the property of Vitaler until the products have been paid for by the Client.
4.11 Vitaler issues invoices in electronic form only.

5. Delivery, delivery period

5.1 Orders will be delivered as soon as possible after they have been paid. Vitaler endeavours to ensure that orders are delivered at the specified delivery address within three working days of payment. This delivery period is an estimate only and time is never of the essence. Vitaler may publish additional information about delivery periods on the website or communicate such information in writing through its branches or otherwise. Such information is of an indicative nature only.
5.2 If the Client has ordered a product that is temporarily out of stock, the Client will be informed of the date on which the product will be available again. Any delays will be notified to the Client by email.

5.3 Once the products have been delivered at the specified delivery address, the risk in those products passes to the Client.

6. Returning and cancelling orders

6.1 The Client is obliged to inspect the products (or to have the products inspected) immediately upon receipt thereof. The Client has the right to cancel the agreement within fourteen days without giving reasons. This cooling-off period commences on the day on which the first Vitaler package is received. If the Client exercises his or her right to cancel the order, the Client is obliged to pay for any package already ordered from Vitaler during this fourteen-day period. If the Client does not wish to receive the next Vitaler package, the Client must cancel the subscription through his or her personal account no later than five (5) days prior to the next invoice date.
The products must be returned to the return address stated on the packaging. Return costs are payable by the Client.
6.2 If the Client has exercised the right to cancel the order as referred to in the preceding paragraph, Vitaler will refund the amount paid by the Client within fourteen (14) calendar days.
6.3 The risk of damage to and/or loss of products rests with Vitaler until the product has been delivered through the Client's letter box.

7. Subscription

7.1 After the Client has placed an order, the Vitaler package will be delivered to the Client's address once every four weeks. The package contains food supplements for 28 days.
7.2 The Vitaler package will be delivered through the Client's letter box.

8. Termination of subscription

8.1 The Client may cancel the Vitbliss subscription every month no later than five (5) days prior to the next invoice date or may terminate the subscription through the personal account.

9. Complaints

9.1 If the Client has a complaint about a product or the services of Vitaler, the Client should contact Vitaler by email at support@vitbliss.nl or by telephone on +31 (0)70 2002709. Vitaler will always attempt to find a solution. If the Client is dissatisfied with the solution offered, he or she may lodge a complaint using the online complaints form on the website of the European Commission: https://ec.europa.eu/odr.
9.2 Complaints about the performance of the agreement must be described fully and clearly and submitted to Vitaler (accompanied by visual material where applicable) within a reasonable period after the Client has discovered the defects or identified the shortcoming.
9.3 Vitaler is entitled to terminate the Client's personal VitBliss account at any time. If the Client has paid for any orders that have not yet been delivered, the amount already paid will be refunded.

10. Liability

10.1 Vitaler is never under any obligation to pay compensation to the Client or third parties, except in the event of wilful intent or gross negligence on the part of Vitaler. If Vitaler is under an obligation, for any reason, to pay compensation, Vitaler's liability for any proven direct loss or damage actually incurred by the Client will be limited to the amount of the order.
10.2 Vitaler is never liable for any indirect or consequential loss or damage, trading loss or loss or damage as a result of loss of sales, damage to health, loss of profit, including loss caused by delay in performance.
10.3 Despite Vitaler's best efforts to keep the information on its website up to date, the information on the website may be incomplete and/or incorrect.
10.4 Medical disclaimer: Vitaler does not accept any responsibility for the choice made by the Client from the range of products offered by Vitaler. Before placing an order, the Client him or herself should seek information about the ingredients and the effects of the products, medical matters, health problems and treatments that may result from the Client's choice. Vitaler cannot be held liable in any way for any wrong or incorrect choice of the Client.
10.5 The Client indemnifies, defends, and holds Vitaler harmless from and against any third-party claims in relation to the performance of the agreement, to the extent that the law does not preclude the loss, damage and costs in question from being payable by the Client.
10.6 Vitaler's website may contain links to other websites. Those links are for information purposes only. Vitaler is not responsible for the content of third-party websites that are linked to or for the use of those websites.

11. Disputes

11.1 Agreements between Vitaler and the Client that are subject to these General Terms and Conditions are governed exclusively by the laws of the Netherlands. Disputes between Vitaler and the Client about the conclusion or performance of agreements in respect of products delivered or to be delivered by Vitaler may be submitted to the complaints committee of the Dutch Consumers'Association (Consumentenbond).

12. Changes

12.1 Vitaler reserves the right to amend these General Terms and Conditions at any time. It is advisable to check these General Terms and Conditions regularly. Vitaler will notify Clients by email of important amendments to our General Terms and Conditions one month prior to the date on which the amendments take effect.

13. Privacy policy

Personal data is processed in accordance with the requirements of the GDPR. Vitaler treats personal data with due care and confidentiality. Clients placing orders, subscribing for newsletters or requesting information provide personal data on a voluntary basis. The personal data collected by Vitaler includes names, addresses, telephone numbers, email addresses, replies to questions in our online test, names of banks, bank account and credit card details and order histories.
This personal data is used to complete the order in accordance with the agreement, to handle complaints, to process claims for refunds, and for general communication and customer service purposes. Vitaler undertakes to treat personal data with absolute confidentiality.
No information is shared with third parties, with the exception of, for example, payment providers and delivery services involved in fulfilling orders. Payment providers and delivery services only receive the data they need. Email addresses are only used to confirm orders and to communicate with Clients (through newsletters or order confirmations).
Vitaler makes every effort to ensure that data is used only internally for market research and statistical analyses and to improve its services. By law, the Client has the right to object to such use of his or her data by notice to Vitaler.
The Client has the right of access to his or her data at all times, as well as the right to have his or her data changed, supplemented or erased, by sending an email to support@vitbliss.nl

14. Cookies

Vitaler uses cookies on its website. Vitaler's cookie policy can be found on our website.

15. Intellectual and/or industrial property rights

Vitaler retains the copyrights and all other intellectual and industrial property rights to the products delivered by Vitaler and their composition and to the design of logos, packaging and its website, except as otherwise agreed. Those rights remain the property of Vitaler and may not be copied or otherwise used by any party other than Vitaler without Vitaler's express written permission, regardless of whether costs have been charged for those products and designs. Intellectual property rights include patents, copyrights, trademark rights, design rights and/or other intellectual property rights, including sui generis rights to databases, or other creations, as well as patentable and unpatentable technical and commercial know-how, methods and concepts.

16. Force majeure

16.1 The delivery period is stated in the order confirmation. Vitaler is not liable if the date of delivery is not met due to circumstances that are beyond Vitaler's control and for which Vitaler is consequently not to blame and for which it cannot be held accountable by law, on account of juristic acts or according to generally accepted standards and practices. Vitaler may invoke force majeure if Vitaler cannot reasonably be expected to perform the agreement as a result of war, threat of war, civil war, civil commotion, armed conflict, fire, water damage, flooding, natural disasters, stoppages, sit-in strikes, lockouts, import and export barriers, government measures, defects in machinery, telecommunications or other network failures and interruption or failure of communications or communications systems and/or the non-availability at any time of the website, disruptions in the supply of energy, where such circumstances affect either the business of Vitaler or the business of third parties from whom Vitaler procures the required materials or raw materials in full or in part, as well as in case of storage and during transport, either on its own account or otherwise, and as a result of any other causes that are beyond the control of Vitaler and/or third-party suppliers and the risk of which is not borne by them, and as a result of breach of performance by third-party suppliers.
16.2 In case of force majeure, Vitaler is entitled either to extend the scheduled delivery period by the duration of the force majeure event or to cancel the agreement, without being liable to pay any compensation to the Client.
16.3 If Vitaler has met its obligations in part at the time when a force majeure event occurs, Vitaler is entitled to issue a separate interim invoice for the goods delivered and/or services performed, and the Client is obliged to pay this invoice as if it concerned a separate agreement.

17. Governing law and competent court

17.1 All offers and agreements are governed exclusively by the laws of the Netherlands. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly disclaimed.
17.2 Any disputes arising out of or relating to offers made by Vitaler or agreements concluded with Vitaler will be submitted to the competent courts in The Hague, unless the law expressly provides that another court has jurisdiction.
The Hague, 15 August 2023