General conditions
Article 1. Definitions
In these general terms and conditions, the following terms, always capitalized, are used in the following sense.
- Arctic Blue: Arctic Blue Omega B.V., the user of these general terms and conditions, located at Prinses Irenelaan 200, 3554 HH in Utrecht, registered in the Trade Register under Chamber of Commerce number 62567128.
- Customer: any natural or legal person with whom Arctic Blue has entered into or intends to enter into an Agreement.
- Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
- Parties: Arctic Blue and the Customer jointly.
- Agreement means any agreement entered into between the Parties through the website www.arctic-blue.com under which Arctic Blue has undertaken to supply Products to the Customer.
- Subscription: an Agreement providing for the regular delivery of Products.
- Products means the items to be supplied by Arctic Blue to the Customer under an Agreement, which may include, but are not limited to, fish and algae oils, Fish collagen and Omega-3 self-tests.
- Written: communication in writing, communication by e-mail, WhatsApp or any other means of communication that can be equated with this in view of the state of the art and socially accepted standards.
Article 2. General Provisions
- These terms and conditions shall apply to any offer by Arctic Blue, any Agreement and any legal relationship between the parties arising therefrom.
- Any general terms and conditions of the Customer do not apply to the Agreement.
- The provisions of these general terms and conditions may only be deviated from expressly and In Writing. If and insofar as that which the Parties have expressly agreed in Writing deviates from the provisions of these general terms and conditions, that which the Parties have expressly agreed in Writing shall apply.
- Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining clauses. In such a case the Parties shall be obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as far as possible.
Article 3. Offer and formation of the agreement
- Any offer made by Arctic Blue is without obligation and subject to sufficient availability of the Products offered. Arctic Blue is entitled to revoke its offer until immediately or at least as soon as possible after the Customer has placed the order. If in that case payment has already been made by the Customer, Arctic Blue will arrange a refund as soon as possible.
- Each Agreement, without prejudice to the provisions of paragraph 1, comes into effect when the order is completed and sent by the Customer. Then, without prejudice to the provisions of paragraph 1, the order will be confirmed to the Customer by email as soon as possible.
Article 4. 100%-No-Farmer-Guarantee.
- If the Customer is dissatisfied with the supplements supplied by Arctic Blue containing omega-3 fatty acids, the Customer shall be entitled to rescind the Agreement, provided that the Customer has notified Arctic Blue by email within 60 days of receipt of the Products requesting a free shipping label.
- The Customer shall return the supplements not yet consumed to which the rescission relates to Arctic Blue in their original packaging within seven days of receipt of the free shipping label, preferably giving reasons. The sales price paid by the Client for the supplements in question shall be refunded within 14 days of Arctic Blue's return of the supplements not yet consumed, provided that the Client has not opened more than one package of the supplement in question; the Client is deemed to be able to assess his satisfaction with the supplement on the basis of one package. If the Client has opened multiple packages of the supplement, Arctic Blue is entitled to claim payment for the excess.
- With respect to the same supplement (of a particular flavor), the Customer may only invoke the satisfaction guarantee of this article once.
- The provisions of this Article are without prejudice to the provisions of Article 5.
Article 5. Consumer right of withdrawal
- The Consumer may revoke the Agreement up to 14 days after the Products have been taken delivery of by or on behalf of the Consumer, without giving reasons. However, in the context of a Subscription, the Consumer may revoke it up to 14 days after the first delivery under the Subscription has been received by or on behalf of the Consumer. The above applies unless the right of withdrawal is excluded according to the provisions of the following paragraph.
- The Consumer, without prejudice to the grounds otherwise excluded under Section 6.5.2B of the Civil Code, has no right of withdrawal in the case of the delivery of supplements or other Products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery.
- The Consumer may exercise his right of withdrawal by submitting a request to that effect to Arctic Blue by email or by using the model withdrawal form provided by Arctic Blue. As soon as possible after Arctic Blue has been notified of the Consumer's intention to revoke the Agreement and if the conditions of this article have been met, Arctic Blue will confirm the revocation of the Agreement by email while providing a free shipping label.
- The Consumer must handle the Products and their packaging with care during the 14-day cooling-off period. The Consumer may handle and inspect the Products to be returned only to the extent as would be permitted in a physical store.
- If the Consumer exercises the right of withdrawal, he shall return to Arctic Blue the Products to be returned undamaged, with all accessories, if any, and in their original condition and packaging.
- The Consumer shall be liable for any diminution in the value of the Products resulting from any handling of the Products beyond that permitted under paragraph 4. Arctic Blue shall be entitled to charge such diminution in value to the Consumer, whether or not by offsetting such diminution in value against any payment already received from the Consumer.
- The Consumer shall return the Products to be returned within 14 days after the Consumer has invoked the right of withdrawal in accordance with the provisions of paragraph 3. The cost of return shipping shall be borne by Arctic Blue, provided that the Consumer has used Arctic Blue's free shipping label.
- Arctic Blue shall refund any payment already received from the Consumer, less any depreciation as referred to in paragraph 6, to the Consumer as soon as possible, but no later than within 14 days after revocation of the Agreement, provided that the Products have been received back by Arctic Blue or it has been demonstrated by the Consumer that the Products were actually returned. If the right of withdrawal is only applied in respect of part of the order, any delivery costs initially paid by the Consumer shall not be eligible for refund.
Article 6. Delivery of the products
- Delivery of Products takes place by delivery thereof to the delivery address provided by the Customer. If no delivery address is specified, the billing address shall serve as the delivery address.
- If the agreed delivery period is exceeded, the Customer is never entitled to refuse to take delivery of the Products to be delivered and to fulfill its other obligations under the Agreement.
- If Arctic Blue incurs additional costs due to a circumstance attributable to the Customer, for example in connection with multiple delivery attempts, such costs shall be additionally borne by the Customer.
Article 7. Duration and termination of subscriptions.
A Subscription is entered into for an indefinite period and ends by cancellation by email or under the Customer's account on Arctic Blue's website. However, a Subscription does not end until after two deliveries have taken place.
Article 8. Delivery times
- Arctic Blue shall make every effort to meet any delivery deadlines agreed upon between the Parties. However, such terms are to be considered indicative, non-fatal terms only. Arctic Blue's default shall not commence until the Customer has given Arctic Blue Written notice of default, which notice of default shall specify a reasonable period within which Arctic Blue may still perform its obligation and the performance thereof has still not occurred after the expiry of the last-mentioned period.
- Arctic Blue's default shall entitle the Customer to rescission of that portion of the Agreement to which the default relates, but never to replacement or additional damages.
Article 9. Complaints
- The provisions of the following paragraphs of this Article are without prejudice to the provisions of Articles 4 and 5.
- If, in the opinion of the Customer, the nature and/or quantity of the Products do not conform to the Agreement(s) or the Products are not free of transport damage, the Customer must notify Arctic Blue In Writing within three days of delivery, accurately stating the grounds for the complaint.
- Complaints relating to defects that were not reasonably visible or otherwise unknowable at the time of delivery of the Products must be submitted in Writing to Arctic Blue within three days after the Customer became aware, or at least could reasonably have become aware, of the existence of the defect, accurately stating the grounds for the complaint.
- Notwithstanding the provisions of the preceding paragraphs of this Article, a Consumer may no longer claim that what has been delivered under a consumer purchase does not comply with the Agreement if no complaint has been made to Arctic Blue in this regard within two months after the discovery of the defect by the Consumer.
- If the Customer fails to complain in a timely manner and in accordance with the provisions of the preceding paragraphs, no obligation shall arise for Arctic Blue from such complaint by the Customer.
- Even if the Customer complains timely, his obligation to make timely payment to Arctic Blue shall continue to exist, except to the extent imperatively prevented by law for the benefit of the Consumer.
- If a Consumer's complaint cannot be resolved by mutual agreement, the Consumer may submit the dispute to the Dispute Resolution Board through the ODR platform (ec.europa.eu/consumers/odr/).
Article 10. Conformity
- Arctic Blue warrants that the Products conform to the Agreement and thus meet the expectations that the Customer may reasonably have of the Products (conformity).
- A claim based on non-conformity shall in any case lapse if a defect in the Product delivered is the result of an external cause occurring after delivery or another circumstance not attributable to Arctic Blue. This includes, but is not limited to, defects resulting from external damage, natural decay, improper or injudicious storage or handling.
- In the event that the Customer makes a valid claim of non-conformity, the Customer claims replacement or supplementation of what is missing. If repair or supplementation of what is missing is not possible, the Customer claims a refund of the price paid by the Customer to Arctic Blue for the Products in question.
- Products may, except as provided in Articles 4 and 5, never be returned without Arctic Blue's prior Written consent.
Article 11. Force Majeure
- Arctic Blue is not obliged to perform any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted practice (force majeure).
- If the force majeure situation makes compliance with the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect and without judicial intervention.
- If when the force majeure situation arises Arctic Blue has already partially fulfilled its delivery obligations, or can only partially fulfill its delivery obligations, it is entitled to invoice the part already delivered or still deliverable part of the Agreement separately as if it were an independent Agreement.
- Without prejudice to the application of the previous paragraph, damages resulting from force majeure shall never be eligible for compensation.
Article 12. Suspension and dissolution
- Arctic Blue is, if the circumstances of the case reasonably justify it, authorized, without judicial intervention, to suspend the performance of the Agreement or to terminate the Agreement in whole or in part with immediate effect, if the Customer fails to perform his obligations under the Agreement, fails to perform them in a timely manner or in full, or if after the conclusion of the Agreement Arctic Blue learns of circumstances that give Arctic Blue good reason to fear that the Customer will not perform his obligations. If the fulfillment of the Customer's obligations in respect of which he fails or threatens to fail is not permanently impossible, the authority to terminate only arises after the Customer has been given notice of default in writing by Arctic Blue, in which notice of default a reasonable period is stated within which the Customer can (still) fulfill his obligations and the fulfillment has still not been effected after the expiry of the last-mentioned period.
- If the Customer is in a state of bankruptcy, its company is liquidated, has applied for (provisional) suspension of payments, any attachment of its property is levied or in cases where the Customer is otherwise unable to dispose freely of its assets, Arctic Blue is entitled to terminate all or part of the Agreement with immediate effect and without judicial intervention.
- The Customer shall never claim any damages in connection with the right of suspension or termination exercised by Arctic Blue pursuant to this Article.
- The Customer shall be obliged to compensate Arctic Blue for any damage suffered by Arctic Blue as a result of the suspension or termination of the Agreement.
- If Arctic Blue terminates the Agreement under this Article, all claims against the Customer shall be immediately due and payable.
Article 13. Delivery charges & payments.
- From an order amount of €30 (incl. VAT), delivery is free of charge. Before the Agreement is concluded, the total or recurring price of the Subscription will be stated, including VAT and any delivery costs.
- Payment must be made by one of the payment methods designated by Arctic Blue for this purpose. In case of transfer Arctic Blue applies a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases.
- Arctic Blue is entitled to make any invoices to be issued to the Customer available to the Customer by email only.
- If payment is not made on time, the Customer shall be in default by operation of law. From the day that the Customer's default commences, the Customer shall owe interest of 2% per month on the outstanding amount, whereby part of a month shall be regarded as a full month. In deviation from the previous sentence, if the Customer acts in the capacity of Consumer, the statutory interest rate shall apply instead of the contractual interest rate referred to there.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the Customer shall be borne by the Customer.
Article 14. Liability and indemnity.
- The Customer shall bear the damage caused by inaccuracies or incompleteness in the data provided by him. Furthermore, the Customer shall bear the damage caused by any (other) failure to fulfill the Customer's obligations under the law or the Agreement, as well as damage caused by any other circumstance not attributable to Arctic Blue.
- Arctic Blue's liability for indirect damage, consequential damage, lost profits, lost savings, reduced goodwill, damage due to business interruption, damage resulting from claims of staff or customers of the Customer, mutilation or loss of data and all forms of damage other than mentioned in the following paragraph, for whatever reason, is excluded.
- The limitations on Arctic Blue's liability contained in these general terms and conditions shall not apply if the damage is due to intent or wilful recklessness on the part of Arctic Blue or its executive employees. Arctic Blue shall only be liable for direct damage attributable to it. Direct damage means exclusively:
- reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions;
- any reasonable costs necessary to make Arctic Blue's defective performance conform to the Agreement;
- reasonable costs incurred to prevent or limit damage, insofar as Customer demonstrates that these costs have resulted in limitation of the direct damage referred to in these general terms and conditions.
- In the event that, notwithstanding the provisions of the preceding paragraphs of this Article, any liability for direct damage may rest with Arctic Blue, such liability shall be limited to repair or replacement of the Products to which Arctic Blue's liability relates. If repair or replacement is not possible or does not provide full indemnification to the Client, Arctic Blue's liability shall be limited to once the invoice value of the Agreement, or at least that part of the Agreement to which the liability relates, provided that Arctic Blue's liability shall in any event be limited at all times to no more than the amount actually paid out under Arctic Blue's liability insurance policy in the relevant case, plus any deductible of Arctic Blue that applies under that insurance policy.
- In the context of a consumer purchase, the limitations of this article do not extend beyond what is permitted under Article 7:24 paragraph 2 of the Civil Code.
- The Customer indemnifies Arctic Blue against any claims of third parties, who suffer damage in connection with the performance of the Agreement and whose cause is attributable to others than Arctic Blue. If Arctic Blue should be sued by third parties for that reason, the Customer is obliged to assist Arctic Blue both extra-judicially and judicially and immediately do all that may reasonably be expected of him in that case. Should the Customer fail to take adequate measures, Arctic Blue is entitled, without notice of default, to take such measures itself. All costs and damages incurred on the part of Arctic Blue and third parties as a result shall be entirely for the account and risk of the Customer.