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TERMS AND CONDITIONS OF SERVICE BIONIPPY

  1. General information

    1. These terms and conditions of service are for users based in the Netherlands only. If you are using the app outside of the Netherlands, different terms and conditions will apply based on your location. The app will display the applicable terms and conditions to you based on your location, if applicable and when BioNippy is active in your country.
    2. These are the terms and conditions on which we supply our products to you when you purchase a product via our BioNippy App.
    3. You must be aged 16 years or older to download and use the BioNippy App. You must not use the BioNippy App if you are under the age of 16. We do not sell products purchase by children below the age of 16. We sell children’s products for purchase by adults.
    4. While we work to ensure that product information on our App is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/of different information than shown on our App. All information about the products on our App is provided for information purposes only. Please always read the labels, warnings and directions provided with the product before using or consuming a product (The group of information may include mistakes or may change with time, we rely on suppliers and brand owners to provide and to share the correct information with us, BioNippy can’t be held responsible for any typo or incomplete information provided by supplier and/or brand owner).
    5. Content on the BioNippy App is not intended to substitute for advice given by medical practitioner, pharmacist, or other licensed health-care professional. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition.
    6. We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties, this does not affect your legal rights.
  2. Identity of the entrepreneur

    Bio Nippy Technologies B.V.

    Stationsplein 26

    6512 AB Nijmegen

    Email address: info@bionippy.com

    Chamber of Commerce number: 87567490

    VAT number: NL8643.328.16.B01

  3. Applicability of general terms and conditions

    1. These general terms and conditions shall apply to every offer made by BioNippy and to every agreement and legal relationship between consumers and BioNippy.
    2. Deviations from these general terms and conditions shall only be possible if explicitly agreed upon by parties in writing. The consumer cannot derive any rights from any agreed deviations for future transactions.
  4. Our services and their use

    1. BioNippy offers online ordering and delivery of groceries and daily items via BioNippy's mobile application (hereinafter: BioNippy App).
    2. In order to order products from BioNippy, a user account must be created by the consumer. For this, the consumer must register with name, phone number and e-mail address. Before placing an order, a delivery address must also be provided. The consumer is responsible for ensuring that the information provided by the consumer is current and true.
    3. The consumer must ensure that unauthorised persons do not gain access to the user account on the BioNippy App. If the consumer fails to do so, the consumer shall be liable for all transactions carried out using the user account as a result, unless there is no fault on the part of the consumer.
    4. It is not permitted to:
      1. use the user account for another person’s BioNippy App;
      2. create a user account using a forged identity or an identity of another person;
      3. access the BioNippy App by any means other than the access methods prescribed by BioNippy.
    5. The consumer shall immediately inform BioNippy if it discovers that unauthorised use has been made of the user account.
    6. BioNippy accepts no liability for the non-permanent availability of the BioNippy App.
  5. Payment

    1. The consumer must pay the total purchase price for the goods ordered and the delivery costs immediately after placing the order or concluding the purchase contract, respectively.
    2. Payment may be made through the payment methods as mentioned in the BioNippy App, where BioNippy may also use third parties. BioNippy reserves the right to change the payment methods at any time.
    3. The consumer will receive the invoice after delivery exclusively by e-mail at the e-mail address the consumer provided when creating the user account for the BioNippy App.
  6. The offer

    1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
    2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable a proper assessment of the offer by the consumer. If BioNippy thereby uses images, these shall be a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer shall not bind BioNippy.
    3. Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
  7. Prices, offers and promotions

    1. For BioNippy products, the consumer shall pay the price that the article costs at the time of ordering. The consumer will find that price in the order confirmation. Some fresh products may vary in weight and number. The quantity delivered to the consumer may differ slightly from what is mentioned in the BioNippy App.
    2. The prices stated for the products offered are in euros including VAT.
    3. The delivery costs depend on the location of the delivery address and on the total value of the order. The delivery costs payable by the consumer shall at all times be shown to the consumer on the pages where the products are displayed, in the shopping basket and in the order summary.
    4. Delivery times are indicative and if exceeded do not entitle the consumer to dissolution or damages, unless the parties have expressly agreed otherwise in writing.
    5. The promotional prices of offers in the BioNippy App shall only be valid if the products are (still) on sale at the moment the order is paid for. Out-of-stock actions are valid while stocks last.
    6. Some promotions have a limit on the number of products a consumer can order. The consumer will automatically be notified in the app once the maximum number of products have been added to the shopping cart.
    7. Offers do not automatically apply to repeat orders. The parties must agree this explicitly and in writing.
  8. The agreement

    1. All offers and quotations of BioNippy shall be without obligation (unless otherwise indicated) and BioNippy expressly reserves the right to change prices in the BioNippy App, in particular when this is necessary on the basis of (legal) regulations.
    2. Consumers are shown a selection of products in the BioNippy App. This display does not constitute an offer by BioNippy to conclude a purchase agreement. Consumers can place the displayed products in their shopping cart, but again this does not create a purchase agreement between the consumer and BioNippy.
    3. Obvious mistakes or obvious errors in the offer shall not bind BioNippy.
    4. When the consumer places an order, the consumer accepts the offer to conclude a contract of sale with BioNippy for the goods in the shopping cart.
    5. Subsequently, BioNippy will send the consumer an automatically generated message via the BioNippy App to confirm the order.
    6. Only common household quantities of goods can be ordered via the BioNippy App.
    7. If ordered products (i.e. products listed in the order confirmation by BioNippy) nevertheless turn out to be unavailable, BioNippy will notify the consumer as soon as possible and BioNippy may discuss with the consumer whether the consumer wishes to receive a replacement product. BioNippy will refund the purchase price of the products that cannot be delivered as soon as possible in the same way as the consumer paid.
    8. Products ordered from BioNippy shall remain the property of BioNippy until they have been paid for in full.
    9. BioNippy shall be entitled to make use of third parties in the execution of the order(s).
  9. Delivery and execution

    1. BioNippy shall take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
    2. BioNippy shall only deliver within its delivery areas in the Netherlands against payment of delivery costs.
    3. Delivery shall take place at the delivery address provided by the consumer when placing the order. The consumer shall be solely responsible for providing a complete and correct delivery address and, if applicable, the further instructions for the delivery of orders provided by the consumer through the BioNippy App.
    4. The consumer should be reachable at the telephone number provided by the consumer around the time of delivery. If BioNippy cannot reach the consumer at the specified address or telephone number, BioNippy will only deliver the goods to the specified address without transfer if the consumer has specifically chosen that option during the ordering process. If the consumer has not chosen this option and cannot complete the delivery after two additional attempts by the delivery person making the delivery to contact the consumer, BioNippy will revoke the purchase contract. BioNippy shall be entitled to claim from the consumer reimbursement of the costs incurred by BioNippy.
  10. Donations

    1. When the consumer places an order with BioNippy, the consumer automatically accepts the mandatory donation via the BioNippy App. This donation is repeated with every order a consumer places with BioNippy.
    2. The minimum donation amount per order is set at €0.08. The consumer can choose to increase this amount. The consumer can choose between several local organizations to donate this amount to.
    3. The minimum amount of donation to international charities per order is set at €0.26. The consumer can choose to increase this amount. Selecting one of these options is mandatory per order. The consumer can those between the next international charities:
      • Help Fight World Hunger
      • Help Plant a Tree
      • Help Save the Ocean
      • Help Biodiversity
    4. If the list of organisations of foundations is not available at the time of placing the order, BioNippy will choose an organisation of its choice to donate the amount to on a monthly or quarterly basis.
    5. The amount to be donated is always mentioned during checkout. The consumer can also add to the standard/minimum donation amount. These amounts can be changed at any time.
    6. This donation will not be refunded in case an order is cancelled or the right of review is exercised.
  11. Products subject to legal sales restrictions

    1. The sale and delivery of products subject to legal sales restrictions shall only be made to persons meeting the legal requirements. The delivery person may request the consumer to show valid identification. BioNippy reserves the right to refuse the delivery if the consumer cannot show a valid identification document.
    2. BioNippy points out that alcoholic beverages are only sold to customers aged 18 or older.
  12. Deposit

    1. Where a deposit is charged, the deposit is already included in the displayed price. The deposit payable shall be stated separately.
    2. Empty deposit packaging can be handed in by the consumer to the delivery person. BioNippy may refuse empty deposit packaging if the delivery person does not have sufficient space to take it.
    3. Deposit packaging outside BioNippy's assortment will not be taken back.
    4. The deposit will be refunded to the consumer after receipt and processing of the empty deposit packaging. BioNippy shall use the same means of payment used by the consumer for the refund of the deposit at the time of purchase, unless the consumer agrees to another method of payment. The refund is free of charge for the consumer.
  13. Right of withdrawal

    1. After receiving the order, the consumer is entitled to dissolve the agreement within 14 days without giving reasons. The period starts from the moment the (entire) order is received by the consumer.
    2. There is no right of withdrawal as referred to in 12.1 for:
      1. products that spoil quickly or have a limited shelf life;
      2. products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
      3. products which after delivery are by their nature irrevocably mixed with other items;
      4. newspapers, magazines or journals;
      5. products made according to the specifications indicated by the consumer.
    3. During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the unused and undamaged product with all delivered accessories and - if reasonably possible - in the original shipping packaging to BioNippy, in accordance with the instructions provided by BioNippy.
    4. Service Fees & Delivery Fees are non-refundable.
    5. Good to know: often there is a better solution than returning, so we advise consumers to always contact customer service beforehand by sending an e-mail to service@bionippy.com.
  14. Exercise of the right of withdrawal by the consumer and its costs

    1. If the consumer exercises his right of withdrawal, he shall notify BioNippy within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
    2. As soon as possible, but within 14 days from the day following the notification referred to in 13.1, the consumer shall return the product, or hand it over to (an authorised representative of) BioNippy. This is not required if BioNippy has offered to collect the product itself. The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
    3. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
    4. The consumer shall bear the direct costs of returning the product. If BioNippy has not notified that the consumer has to bear these costs or if BioNippy indicates to bear the costs itself, the consumer does not have to bear the costs of return shipment.
    5. If the Consumer exercises its right of withdrawal, all additional agreements with BioNippy shall be dissolved by operation of law.
  15. Obligations of BioNippy upon right of withdrawal

    1. If BioNippy enables the consumer's notification of withdrawal by electronic means, BioNippy shall send an acknowledgement of receipt of this notification without delay upon its receipt.
    2. BioNippy shall reimburse all payments made by the consumer, excluding any delivery costs charged by BioNippy for the returned product, without delay but within 14 days following the day on which the consumer notifies it of the withdrawal. Unless BioNippy offers to collect the product itself, it may wait with repayment until it has received the product or until the consumer proves that it has returned the product, whichever is earlier.
    3. BioNippy shall use the same means of payment used by the consumer for repayment, unless the consumer agrees to another method. The refund shall be free of charge for the consumer.
    4. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, BioNippy does not have to refund the additional costs for the more expensive method.
  16. Termination and temporary blocking of user account

    1. The consumer may terminate the contractual relationship with BioNippy regarding the user account for the BioNippy App at any time by sending an e-mail to info@bionippy.com.
    2. If the consumer violates the obligations of these general terms and conditions, BioNippy may temporarily or permanently deactivate the user account for the BioNippy. BioNippy will inform the consumer about the blocking of the user account for the BioNippy App and its duration.
  17. Intellectual property

    1. The BioNippy App is protected by copyright.
    2. BioNippy grants consumers a non-exclusive, non-sublicensable and non-transferable right to use the BioNippy App, which right is temporary and can be revoked at any time, to order products in accordance with these terms and conditions.
    3. No further use of the BioNippy App, including the displayed images, signs, symbols or product descriptions is permitted without the express consent of BioNippy.
  18. Liability

    1. BioNippy shall be liable to the consumer for its own breach of duty as well as for the breach of duty by its representatives and substitutes only in case of intent and gross negligence.
    2. In other cases - unless otherwise provided for in article 17.3 - BioNippy shall only be liable in case of breach of a contractual obligation, the fulfillment of which is essential for the performance of the contract and in which the parties should have been able to rely on fulfillment, the liability being limited to compensation of foreseeable and typical damage. In all other cases, BioNippy's liability (including the breach of duty by its representatives and vicarious agents) - subject to the provisions of clause 17.3 - shall be excluded.
    3. BioNippy's liability for damages resulting from injuries as well as under product liability or any other mandatory liability under applicable law shall remain unaffected by the limitations and exclusions of liability in this article.
  19. Privacy

    BioNippy processes data collected through the BioNippy App in accordance with the relevant legal provisions. For that purpose, BioNippy applies the privacy statement that consumers can find in the BioNippy App.

  20. Complaints procedure

    1. Complaints about the performance of the agreement must be submitted to BioNippy fully and clearly described within a reasonable time after the consumer has discovered the defects.
    2. Complaints submitted to BioNippy shall be answered within a period of 14 days counting from the date of receipt. If a complaint requires a foreseeably longer processing time, BioNippy shall respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
  21. Final provisions

    1. The current version of these general terms and conditions can be found on the BioNippy App.
    2. If one or more provisions of these general terms and conditions are invalid or annulled at a later date, this shall not affect the validity of the remaining provisions.
    3. BioNippy reserves the right to amend or supplement these general terms and conditions. The amended terms and conditions will apply as soon as they are posted on the BioNippy App. If the consumer does not agree with the amendments to the general terms and conditions, the agreement with BioNippy may be terminated immediately.
  22. Applicable law and competent court

    1. All legal relationships between BioNippy and the consumer shall exclusively be governed by Dutch law.
    2. The Dutch court in the district where BioNippy has its registered office shall have jurisdiction to take cognisance of any disputes between parties, unless the law imperatively requires otherwise.

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