Terms

Terms and Conditions

These Terms and Conditions are for the sale of products to you by SHAKEMENT (Personal Meal Plan B.V.). Read these conditions carefully before you place an order with SHAKEMENT. By placing an order with SHAKEMENT you agree to the application of these General Terms and Conditions on your order.


Index:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 17 - Customer questions and product descriptions
Article 18 - Intellectual property
Article 19 - Personal data
Article 20 - Links


Article 1 - Definitions

In these conditions:

  1. Reflection time: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Transaction duration: a distance contract relating to a series of products and / or services, the supply and / or purchase obligation which is spread over time;
  5. Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
  6. Right of withdrawal: the possibility for the consumer to withdraw from the contract within the set reflection time;
  7. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
  8. Distance contract: an agreement to be concluded within the framework of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the contract is made use of one or more ways of communication between the trader and the customer.
  9. Technology for distance communication: means that can be used to conclude a contract, without the customer and entrepreneur must be together in the same room.


Article 2 – Identity of the entrepreneur

Personal Meal Plan B.V. (legal name)
SHAKEMENT (trade name)
Platinastraat 100 B
2718 RX, Zoetermeer
The Netherlands
E-mail address: info@shakement.com
Dutch Chamber of Commerce number: 73338052
Vat-number: NL859469785B01


Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and customer.
  2. Before the contract is concluded, the text of these general conditions are made available to the customer. If this is not reasonably possible, the trader will before the contract is concluded, indicate how the general terms and conditions can be seen and that they can be sent free of charge as soon as possible, at the request of the customer.
  3. If besides the general conditions also specific product or service conditions apply, the second and third paragraph will apply and the customer in case of conflicting terms always rely on the applicable provision that is most favorable to him/her.


Article 4 – The offer

  1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If the entrepreneur uses images than they are a truthful representation of the products and/or services. Obvious mistakes or errors in the offer are not binding to the entrepreneur.
  3. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  4. Images for products are a true reflection of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  5. Each offer contains sufficient information that it is clear to the customer what rights and obligations are involved in accepting the offer. This concerns in particular
    • The price including taxes;
    • The possible costs of shipping;
    • The way in which the agreement will be concluded and which actions are required;
    • Whether or not to apply the right of withdrawal;
    • The method of payment, delivery and execution of the agreement;
    • The period for accepting the offer or the period within which the entrepreneur guarantees the price;
    • Whether the agreement will be filed after the conclusion and, if so, on which side it can be consulted for the consumer;
    • The way in which the consumer, prior to the conclusion of the agreement, can check the information provided by him under the contract and, if he wishes, rectify it;
    • The minimum duration of the distance contract in case of an extended transaction.


Article 5 – The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time the customer accepts the offer and meet the corresponding conditions.
  2. If the customer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the customer may rescind the contract.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secured web environment. If the customer can pay electronically, the trader will take appropriate safety precautions.
  4. The entrepreneur can - within the law - inform the customer ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the entrepreneur under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. The entrepreneur will make sure upon delivery of the product, service or digital content to the customer that the following information in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium, is send:
  6. the address of the establishment of the business where customer can lodge complaints;
  7. information on guarantees and after sales service;
  8. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  9. the requirements for terminating the agreement if the agreement has a duration of more than a year or is indefinite; F. If the customer has a right of withdrawal and the model withdrawal form.
  10. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
  11. Each agreement is entered under the suspensive conditions of sufficient availability of the products in question.


Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 30 days. This reflection time starts on the day after receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
  2. During the reflection period, the consumer will handle the product and packaging carefully. He will only use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product in original unopened state to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 30 days of receiving the product and to send it back. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of dispatch.
  4. If the customer has not made known his / her right of withdrawal after expiry of the terms mentioned in paragraphs 2 and 3 or the product has not been returned to the entrepreneur, the sale is a fact.


Article 7 – Obligations of the customer during the reflection

  1. If the consumer exercises his right of withdrawal, the costs of return are at his own expense.
  2. If the consumer has paid already, the entrepreneur will return this amount as soon as possible or no later than 30 days after cancellation. Herewith the condition is that the product has already been received by the entrepreneur or conclusive proof of complete return shipment can be submitted. Repayment will be made via the same payment method used by the customer unless the customer explicitly authorizes another payment method.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.


Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur stated this clearly in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been created by the trader in accordance with the consumer's specifications;
  4. which are clearly personal in nature;
  5. which cannot be returned due to their nature;
  6. that can spoil or age quickly;
  7. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;


Article 9 – The price

  1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market an on variable prices which the entrepreneur has no influence on. This link to fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has agreed and:
  4. they are the result of legislation or regulations; whether
  5. the customer is authorized to terminate the contract with effect from the date the increase takes effect.
  6. The prices include VAT mentioned in the supply of products or services.
  7. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.


Article 10 – Conformity and
Guarantee

  1. The operator guarantees that the products and / or services meet the contract 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 ensure that the product is suitable for normal use.
  2. An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by the law and / or the distance contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if the delivered products are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of the entrepreneur and / or on the packaging are treated;


Article 11 - Delivery and execution

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the customer has made known to the trader.
  3. Subject to what is stated in Article 4 of these terms and conditions, the company will accept orders expeditiously but not later than 30 days, unless a different delivery period has been agreed on. If delivery is delayed or if an order is not or only partially carried out, the customer receives a message no later than 30 days after placing the order. The customer in this case has the right to terminate the contract without penalty and be entitled to receive his/her payment back.
  4. All delivery dates are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
  7. The risk of damage and / or loss of products rests with the trader up to the moment of delivery to the consumer or a pre-designated representative to the entrepreneur, unless expressly agreed otherwise.
  8. If delivery is not at home, the order can be delivered to the neighbors. Our responsibility and liability lapses. However, we will resolve every complaint to the best of our abilities.


Article 12 - Duration transactions: duration, cancellation and extension

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Cancellation

The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products, with due observance of the agreed cancellation rules and a notice period of up to one month.

Extension

A contract for a definite period of time which extends to the regular delivery of products may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.


Article 13 - Payment

  1. The consumer must pay the amount due in advance.
  2. The customer is obliged to report immediately to the trader when any inaccuracies are in the data supplied or the specified payment.
  3. In the event of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs made known to the consumer beforehand.


Article 14 – Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has established the defects.
  3. The entrepreneur then strives to answer all submitted complaints within a period of 14 days from the date of receipt.


Article 15 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.


Article 16 – Additional or different terms

Additional or deviating provisions from these terms and conditions may not be the detriment of the consumer 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.


Article 17 - Customer questions and product descriptions

SHAKEMENT has every confidence in its products and tries to describe the products as well as possible and to answer the customer's questions as well as possible. However, SHAKEMENT is not a doctor, therefore SHAKEMENT does not make any claims about diagnosis, treatment, cure or disease prevention. The content of this website is intended for information purposes only. The information on this website has not been evaluated by medical experts and cannot be considered as medical advice. Always consult a medically qualified physician before you start with the (additional) food.


Article 18 - Intellectual property

The consumer explicitly acknowledges that all intellectual property rights of displayed information, announcements or other expressions relating to the products and / or relating to the internet site belong to the entrepreneur, its suppliers or other entitled parties.

This site is intended for the internal or internal use of our customers, whereby it is not permitted to reproduce the site other than by downloading and viewing it on a single computer, and / or printing a hardcopy. Without SHAKEMENT's prior written consent, it is not permitted to reproduce this site in any other way, to transmit it or to make it available on a network. It is not allowed to frame this site.

All word and image brands on this site are the property of SHAKEMENT, unless stated otherwise. It is not permitted to use these brands without the written permission of SHAKEMENT.

This site is intended for providing information to our customers. Interactive pages such as reviews can be offered on this website. SHAKEMENT is not responsible for opinions and messages posted by visitors / users on the website. These opinions and messages do not reflect SHAKEMENT's opinion or policy.


Article 19 – Personal data

The entrepreneur will only process the data of the consumer in accordance with its privacy policy. The entrepreneur observes the applicable privacy laws and regulations.


Article 20 - Links

The entrepreneur's site may contain advertisements from third parties or links to other sites. The entrepreneur has no influence on the privacy policy of these third parties or their sites and is not responsible for this.

Congratulations! You are one of the few who have read the terms and conditions. If you have any questions, please let us know. If not, we will look forward to your order. With kind regards, the SHAKEMENT team.