General conditions

Article 1. Definitions

In these general terms and conditions, the following terms, always capitalized, are used in the following sense.

1. Arctic Blue: Arctic Blue 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.
2. Customer: any natural or legal person with whom Arctic Blue has concluded or intends to conclude Arctic Blue Agreement.
3. Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
4. Parties: Arctic Blue the Customer jointly.
5. Agreement: any agreement concluded between the Parties via the website dev.arctic-blue.com, under which Arctic Blue has committed Arctic Blue to the Customer to deliver Products.
6. Subscription: an Agreement providing for the regular delivery of Products.
7. Products: the items to be delivered by Arctic Blue the Customer under an Agreement, including, but not limited to, fish and algae oils, Fish collagen Omega-3 self-tests.
8. 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

1. These general terms and conditions apply to every offer made by Arctic Blue, every Agreement, and all legal relationships arising between the parties as a result thereof.
2. Any general terms and conditions of the Customer do not apply to the Agreement.
3. 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.
4. 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

1. All offers made by Arctic Blue without obligation and subject to sufficient availability of the Products offered. Arctic Blue entitled to revoke its offer 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 for a refund Arctic Blue soon as possible.
2. 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.

1. If the Customer is dissatisfied with the supplements containing omega-3 fatty acids Arctic Blue by Arctic Blue , the Customer is entitled to terminate the Agreement, provided that the Customer Arctic Blue notified Arctic Blue of this by email within 60 days of receiving the Products, requesting a free shipping label.
2. The Customer must Arctic Blue the unused supplements to which the cancellation relates to Arctic Blue in their original packaging within seven days of receiving the free shipping label, preferably stating the reasons for the cancellation. The sales price paid by the Customer for the supplements in question will be refunded within 14 days after Arctic Blue unused supplements, provided that the Customer has not opened more than one package of the supplement in question; the Customer is deemed to be able to assess whether he is satisfied with the supplement on the basis of one package. If the Customer has opened multiple packages of the supplement, Arctic Blue is Arctic Blue to claim payment for the excess.
3. With respect to the same supplement (of a particular flavor), the Customer may only invoke the satisfaction guarantee of this article once.
4. The provisions of this Article are without prejudice to the provisions of Article 5.

Article 5. Consumer right of withdrawal

1. 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.
2. 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.
3. The Consumer may exercise his right of withdrawal by submitting a request to Arctic Blue by email or by using the model withdrawal form Arctic Blue by Arctic Blue Arctic Blue. As soon as possible after Arctic Blue has Arctic Blue of the Consumer's intention to withdraw from the Agreement and if the conditions of this article have been met, Arctic Blue will confirm Arctic Blue withdrawal from the Agreement by email, providing a free shipping label.
4. 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.
5. If the Consumer exercises the right of withdrawal, he shall Arctic Blue the Products to Arctic Blue undamaged, with all accessories supplied and in their original condition and packaging.
6. The Consumer is liable for any reduction in the value of the Products resulting from handling the Products in a manner that exceeds what is permitted under paragraph 4. Arctic Blue entitled to charge this reduction in value to the Consumer, whether or not by offsetting this reduction in value against any payment already received from the Consumer.
7. 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 costs of returning the Products shall be borne by Arctic Blue, provided that the Consumer has used the free shipping label provided by Arctic Blue.
8. Arctic Blue refund any payment already received from the Consumer, minus any depreciation as referred to in paragraph 6, as soon as possible, but no later than 14 days after withdrawal from the Agreement, provided that the Products Arctic Blue returned to Arctic Blue or the Consumer has demonstrated that the Products have actually been returned. If the right of withdrawal is only exercised in respect of part of the order, any delivery costs initially paid by the Consumer will not be refunded.

Article 6. Delivery of the products

1. 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.
2. 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.
3. If Arctic Blue incurs additional costs Arctic Blue a result of circumstances attributable to the Customer, for example in connection with multiple delivery attempts, these costs will be borne by the Customer.

Article 7. Duration and termination of subscriptions.

A Subscription is entered into for an indefinite period and ends upon cancellation by email or under the Customer's account on the Arctic Blue website. However, a Subscription does not end until after two deliveries have been made.

Article 8. Delivery times

1. Arctic Blue every effort to meet any delivery deadlines agreed between the Parties. However, these deadlines are to be regarded as indicative, non-binding deadlines only. Arctic Blue not Arctic Blue in default until the Customer has given Arctic Blue notice of default, specifying a reasonable period within which Arctic Blue can still fulfill Arctic Blue obligation and the fulfillment of which has still not taken place after the expiry of the latter period.
2. Failure by Arctic Blue the Customer to terminate that part of the Agreement to which the failure relates, but never to replacement or additional compensation.

Article 9. Complaints

1. The provisions of the following paragraphs of this Article are without prejudice to the provisions of Articles 4 and 5.
2. If, in the opinion of the Customer, the nature and/or quantity of the Products do not comply with the Agreement or if the Products are not free from transport damage, the Customer must notify Arctic Blue of this in writing within three days of delivery, stating precisely the grounds on which the complaint is based.
3. Complaints regarding defects that were not reasonably visible or otherwise detectable at the time of delivery of the Products must Arctic Blue to Arctic Blue in writing within three days after the Customer became aware of the existence of the defect, or at least could reasonably have become aware of it, stating precisely the grounds on which the complaint is based.
4. Notwithstanding the provisions of the preceding paragraphs of this article, a Consumer may no longer invoke the fact that what was delivered in the context of a consumer purchase does not comply with the Agreement if the Consumer Arctic Blue not complained to Arctic Blue within two months of discovering the defect.
5. If the Customer fails to submit a complaint in a timely manner and in accordance with the provisions of the preceding paragraphs, Arctic Blue shall not be subject to any obligation whatsoever arising Arctic Blue such a complaint by the Customer.
6. Even if the Customer complains in a timely manner, their obligation to pay Arctic Blue on time Arctic Blue , except insofar as the law mandatorily prevents this for the benefit of the Consumer.
7. 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

1. Arctic Blue that the Products comply with the Agreement and thus meet the expectations that the Customer may reasonably have of the Products (conformity).
2. A claim based on non-conformity shall in any case lapse if a defect in the delivered Product is the result of an external cause after delivery or another circumstance not Arctic Blue to Arctic Blue . This includes, but is not limited to, defects resulting from external damage, natural deterioration, incorrect or improper storage or handling.
3. If the Customer makes a valid claim of non-conformity, the Customer is entitled to replacement or supplementation of the missing item. If repair or supplementation of the missing item is not possible, the Customer is entitled to a refund of the price Arctic Blue the Customer to Arctic Blue for the Products in question.
4. Except as provided in Articles 4 and 5, products may never Arctic Blue returned without Arctic Blue 's prior written consent.

Article 11. Force Majeure

1. Arctic Blue not obliged to fulfill 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 by virtue of the law, a legal act, or generally accepted standards of conduct (force majeure).
2. 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.
3. If Arctic Blue has already partially fulfilled its delivery obligations Arctic Blue the force majeure situation arises, or can only partially fulfill its delivery obligations, it is entitled to invoice the part already delivered or the part still to be delivered under the Agreement separately, as if it were an independent Agreement.
4. 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

1. Arctic Blue authorized, without judicial intervention, to suspend the implementation of the Agreement or to terminate the Agreement in whole or in part with immediate effect, if the circumstances of the case reasonably justify this, if the Customer fails to fulfill its obligations under the Agreement, fails to fulfill them on time, or if the Customer's financial situation deteriorates to such an extent that it is no longer able to fulfill its obligations under the Agreement. suspend the performance of the Agreement or terminate the Agreement in whole or in part with immediate effect if the Customer fails to fulfill its obligations under the Agreement, fails to do so on time or in full, or if, after the conclusion of the Agreement, circumstances come Arctic Blue attention that give it good reason to fear that the Customer will not fulfill its obligations. If the fulfillment of the Customer's obligations in respect of which he is in default or threatens to be in default is not permanently impossible, the right to terminate shall only arise after the Customer has been given written Arctic Blue by Arctic Blue , in which notice of default a reasonable period is specified within which the Customer (still) fulfill its obligations and the fulfillment has still not taken place after the expiry of the latter period.
2. If the Customer is declared bankrupt, its business is liquidated, has applied for (provisional) suspension of payments, any attachment has been made on its goods, or in cases where the Customer is otherwise unable to freely dispose of its assets, Arctic Blue is Arctic Blue to terminate the Agreement in whole or in part with immediate effect and without judicial intervention.
3. The Customer shall never be entitled to any form of compensation in connection with Arctic Blue exercising its right of suspension or termination Arctic Blue this article.
4. The Customer is obliged to compensate Arctic Blue for any damage suffered Arctic Blue result of the suspension or termination of the Agreement.
5. If Arctic Blue terminates Arctic Blue Agreement on the basis of this article, all claims against the Customer shall become immediately due and payable.

Article 13. Delivery charges & payments.

1. 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.
2. Payment must be made using one of the payment methods Arctic Blue by Arctic Blue for this purpose. In the case of bank transfers, Arctic Blue applies Arctic Blue standard payment term of 14 days after the invoice date, but may deviate from this in individual cases.
3. Arctic Blue entitled to send any invoices to the Customer exclusively by email.
4. 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.
5. 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.

1. The Customer shall bear the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Customer shall bear the damage caused by any (other) failure to fulfill the Customer's obligations arising from the law or the Agreement, as well as damage caused by any other circumstance that Arctic Blue attributed to Arctic Blue .
2. Arctic Blue liability Arctic Blue indirect damage, consequential damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, damage resulting from claims by the Customer's staff or customers, corruption or loss of data, and all other forms of damage other than those mentioned in the following paragraph, for whatever reason, is excluded.
3. The limitations of Arctic Blue liability included in these general terms and conditions Arctic Blue not Arctic Blue if the damage is due to intent or deliberate recklessness on the part of Arctic Blue its managerial subordinates. Arctic Blue only Arctic Blue held liable for direct damage attributable to it. Direct damage is exclusively understood to mean:
   • 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 bring Arctic Blue Blue's defective performance Arctic Blue conformity Arctic Blue 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.
4. Notwithstanding the provisions of the previous paragraphs of this article, if Arctic Blue liable for direct damage, this liability will be limited to repair or replacement of the Products to which Arctic Blue liability Arctic Blue . If repair or replacement is not possible or does not provide full compensation for the Customer, Arctic Blue 's liability shall be Arctic Blue to the invoice value of the Agreement, at least that part of the Agreement to which the liability relates, on the understanding that Arctic Blue s liability is Arctic Blue any case limited at all times to a maximum of the amount actually paid out in the relevant case under the liability insurance Arctic Blue by Arctic Blue , plus any excess Arctic Blue to Arctic Blue that insurance.
5. 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.
6. The Customer indemnifies Arctic Blue any claims from third parties who suffer damage in connection with the performance of the Agreement and whose cause is Arctic Blue to parties other than Arctic Blue . If Arctic Blue is held liable by third parties Arctic Blue that basis, the Customer is obliged to assist Arctic Blue in and out of court and to immediately do everything that can reasonably be expected of them in that case. If the Customer fails to take adequate measures, Arctic Blue is entitled, without notice of default, to take such measures itself. All costs and damage incurred by Arctic Blue third parties as a result shall be fully at the expense and risk of the Customer.