General terms

Article 1. Definitions

Agreement: any arrangement or agreement between Vitadote® / eCom IT B.V. and the Client for the purchase of Products, of which the General Terms and Conditions form an integral part.

Client: the consumer or (legal) person acting in the performance of a profession or business who enters into an Agreement with Vitadote® / eCom IT B.V

General Terms and Conditions: these terms and conditions of Vitadote® / eCom IT B.V.

Vitadote® / eCom IT B.V.: a private company (‘besloten vennootschap’) established under Dutch law, based in Zaandam (The Netherlands) and registered with the Chamber of Commerce under file number: 77067738, trading under the trade name ” Vitadote®”.

Product(s): the product(s) as offered on the Site.

Service(s): the service(s) as offered on the Site.

Site: the website vitadote.com and shilajitmumijo.com and all of its sub-domains.

Article 2. Applicability of the General Terms and Conditions

2.1 The General Terms and Conditions apply to all offers and deliveries from, and Agreements with, Vitadote® / eCom IT B.V., unless otherwise explicitly agreed on in writing.

2.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon Vitadote® / eCom IT B.V. if and in so far as Vitadote® / eCom IT B.V. has explicitly accepted them in writing.

Article 3. Prices and information

3.1 All prices as displayed on the Site and on other materials originating from Vitadote® / eCom IT B.V. are for orders within the European Union and include VAT and any other taxes and levies imposed by the government, unless stated otherwise on the Site. If the rate of VAT changes between the Client’s order date and the date we supply the Product or perform the Service, Vitadote® / eCom IT B.V. will adjust the rate of VAT that the client pays, unless the Client has already paid for the Product or the Service in full before the change in the rate of VAT takes effect.

3.2 For orders outside of the European Union, additional costs such as customs duties, VAT or any other fees, levies or taxes may apply. Such costs are expressly not included in the price and will be fully borne by the Client. Vitadote® / eCom IT B.V. cannot be held responsible for any additional costs, such as (including but not limited to), customs duties, VAT and/or any other fees, levies or taxes. We recommend contacting your local customs office for more information on specific taxes and customs duties in your country.

3.3 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.

3.4 The The content of the Site is composed with the greatest care. Vitadote® / eCom IT B.V. can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from Vitadote® / eCom IT B.V. may include typographical and/ or programming errors. Vitadote® / eCom IT B.V. is not liable for such typographical and/or programming errors and reserves the right to correct such errors at all times. If Vitadote® / eCom IT B.V. accepts and processes the Client’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Client as a mispricing, Vitadote® / eCom IT B.V. may end the Agreement, refund any sums paid and require the return of any Products provided.

3.5 The pricing and availability of the Products and the Services may change at any time without further notice.

Article 4. Products and Services

4.1 The images of the Products and the Services on our Site are for illustrative purposes only. Vitadote® / eCom IT B.V. is not liable for any deviations between the colour of the actual Product and the colour of the Product as displayed on the Site.

4.2 Vitadote® / eCom IT B.V. may change the Product at any time and without further notice (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client’s use of the Product.

Article 3. Prices and information

5.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of Vitadote® / eCom IT B.V. by clicking the “BUY” button on the checkout page of the Site, which offer is subject to the General Terms and Conditions.

5.2 After the Client has accepted the offer by electronic means, Vitadote® / eCom IT B.V. will confirm receipt of acceptance of the offer by electronic means.

5.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Vitadote® / eCom IT B.V. will have the right to suspend its obligations until the correct data has been received from the Client.

5.4 Vitadote® / eCom IT B.V. expressly reserves the right to reject a Client’s order without stating reasons.

5.5 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Vitadote® / eCom IT B.V. will have the right to suspend its obligations until the correct data has been received from the Client.

Article 6. Execution of the Agreement

6.1 As soon as Vitadote® / eCom IT B.V. has received a Client’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company as selected by the Client during the ordering process. The shipping company will deliver the Products to the Client.

6.2 Vitadote® / eCom IT B.V. is authorized to engage any third parties in the fulfilment of its obligations under the Agreement.

6.3 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.

6.4 If Vitadote® / eCom IT B.V. is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client has the right to either agree to a new delivery date or to dissolve the Agreement without incurring any costs, and the Client will receive a refund for any Products paid for but not received. VitadoteÒ / eCom IT B.V. is not liable for any delay in the delivery process.

6.5 Vitadote® / eCom IT B.V. advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email, and in any case within a reasonable period of time after discovering the defect.

6.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client, without prejudice to any rights consumers may have.

6.7 If the ordered Product is out of stock or can no longer be supplied for any other reason, Vitadote® / eCom IT B.V. may cancel the order by notifying the Client or deliver a Product that is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and the client may return the comparable Product free of charge within thirty (30) days after the Product has been delivered to the Client.

Article 7. Right to withdraw

7.1 The Client has the right to return the Product within thirty (30) days after the Product has been delivered to the Client. The Client must bear the costs for shipping the Products to Vitadote® / eCom IT B.V. For Clients outside the European Union, this may also concern additional costs, such as (including but not limited to), customs duties, VAT and/ or any other fees, levies or taxes. Such costs will be fully borne by the Client. Vitadote® / eCom IT B.V. cannot be held responsible for any additional costs for returning the Products to Vitadote® / eCom IT B.V.

7.2 The Client must inform Vitadote® / eCom IT B.V. of its wish to return the Product by sending an e-mail to [email protected], by filling out the model cancellation form (to be found at the end of these General Terms and Conditions) or in any other unambiguous way within the aforementioned period of thirty (30) days after the Product has been delivered to the Client. This notification must include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of the notification, Vitadote® / eCom IT B.V. will provide a Return Authorization number (“RA Number”) to the Client. After receipt of the RA number, the Client will have thirty (30) days to return the Product to Vitadote® / eCom IT B.V.

7.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Vitadote® / eCom IT B.V. will have the right to suspend its obligations until the correct data has been received from the Client.

7.4 Vitadote® / eCom IT B.V. expressly reserves the right to reject a Client’s order without stating reasons.

7.5 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, Vitadote® / eCom IT B.V. will have the right to suspend its obligations until the correct data has been received from the Client.

Article 8. Payment

8.1 The Client shall pay the amounts due to Vitadote® / eCom IT B.V. in accordance with the ordering process and through the payment method selected on the Site. Vitadote® / eCom IT B.V. is free to offer any payment method of its choice and may change these payment methods at any time.

8.2 Any refunds will be provided by the method used by the Client for payment, unless agreed otherwise.

Article 9. Warranties and Conformity

9.1 Vitadote® / eCom IT B.V. warrants that the Products are suitable for their intended use, as described on the Site. Additional warranty terms for Vitadote® tools may apply as described in the warranty section of the user manual which can be found included with the product and/or on the product page on the website.

9.2 If the delivered Product fails to comply with the Agreement, the Client must notify Vitadote® / eCom IT B.V. thereof in writing (which includes e-mail)within a reasonable period of time, where a notification within two (2) months after the consumer has discovered the defect will be considered reasonable. Such notification must contain a description of the defect in as much detail as possible, in order to enable Vitadote® / eCom IT B.V. to provide an adequate response and/ or take adequate action.

9.3 If a Product fails to comply with the Agreement and the Client has correctly notified Vitadote® / eCom IT B.V. thereof in writing within a reasonable period of time, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Vitadote® / eCom IT B.V. will pay the costs of return and other shipping costs in case of faulty or misdescribed Products.

9.4 Vitadote® / eCom IT B.V. only offers warranties on Products purchased on the Site or from an authorized reseller and accompanied by a valid receipt or proof of purchase. If a client purchases a Product from an unauthorized reseller, the warranty will not be valid. Please be aware that there are some websites or dealers (e.g. on Amazon) who claim to be authorized resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from Vitadote® / eCom IT B.V. When purchasing Products from an unauthorized website, you are taking a risk because these Products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.

Article 10. Complaints handling procedure

10.1 If the Client has any grievances in connection with a Product or Service (in accordance with article 11 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of Vitadote® / eCom IT B.V., it can submit a complaint by email or in writing. The contact details of Vitadote® / eCom IT B.V. are provided at the end of these General Terms and Conditions.

10.2 Vitadote® / eCom IT B.V. will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Vitadote® / eCom IT B.V. is unable to formulate a substantive response to the complaint within such period, Vitadote® / eCom IT B.V. will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.

Article 9. Warranties and Conformity

11.1 For consumers. To the extent permitted by applicable law, Vitadote® / eCom IT B.V. is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 13.2, will cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Vitadote® / eCom IT B.V. Vitadote® / eCom IT B.V. is not liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.

11.2 For persons acting professionally. To the extent permitted by applicable law, Vitadote® / eCom IT B.V. is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 13.2, will cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Vitadote® / eCom IT B.V. Vitadote® / eCom IT B.V. is not liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption

11.3 To the extent permitted by applicable law, and without prejudice to any rights consumers may have, Vitadote® / eCom IT B.V. will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to Vitadote® / eCom IT B.V. without delay, stipulating a reasonable period of time in which Vitadote® / eCom IT B.V. has the possibility to remedy the default, and Vitadote® / eCom IT B.V. fails to cure the default within such period (unless the default cannot be remedied). The notice of default must contain a description of the default in as much detail as possible, in order to enable Vitadote® / eCom IT B.V. to provide an adequate response and/or take adequate

11.4 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to Vitadote® / eCom IT B.V. as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.

11.5 Vitadote® / eCom IT B.V. is not liable for any failure or delay in the performance of its obligations under the Agreement, the General Terms and Conditions or any damage or loss the Client has incurred caused by force majeure, meaning any event beyond the reasonable control of Vitadote® / eCom IT B.V. or any third parties engaged by Vitadote® / eCom IT B.V. to fulfil its obligations under the Agreement, including but not limited to strikes, work stoppages, theft, sabotage, fraud, accidents, acts of war or terrorism, civil or military disturbances, flu outbreaks, plagues, pandemics, epidemics, quarantine restrictions, acts of government, nuclear or natural catastrophes or acts of God, and any interruptions, failure, loss or malfunctions of utilities, communications, computer (software and hardware) services, telecommunications, data communications or related services, to the extent permitted under applicable law. This includes amongst others (and without limitation) the event that any third party engaged by Vitadote® / eCom IT B.V. is not able to fulfil its obligations due to a force majeure event.

Article 10. Complaints handling procedure

12.1 As long as Vitadote® / eCom IT B.V. has not received full payment for the Products, Vitadote® / eCom IT B.V. will retain the ownership of the Products. The Client will own the Product after Vitadote® / eCom IT B.V. has received payment in full.

12.2 Vitadote® / eCom IT B.V. may suspend its obligations until payment has been received in full.

Article 10. Complaints handling procedure

13.1 Vitadote®/ eCom IT B.V. will process the Client’s personal data in accordance with the Privacy Policy, Cookie Policy and Terms of Use as published on the Site.

Article 10. Complaints handling procedure

14.1 The General Terms and Conditions and the Agreement are exclusively construed in accordance with and shall be exclusively governed by Dutch law.

14.2 Except in case of a dispute with a consumer, any dispute arising out or in connection with the General Terms and Conditions and the Agreement, including disputes concerning the existence and validity thereof will, if no amicable settlement can be reached, be exclusively submitted to the competent court of Amsterdam.

14.3 If the Client is a consumer and resides within the European Union, or in Norway, Iceland or Liechtenstein, he/she may also be able to refer a dispute to the European Online Dispute Resolution (“ODR”) platform at http://ec.europa. eu/consumers/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought products or services online. It provides access to independent alternative dispute resolution services which are usually free for consumers to use. Vitadote® / eCom IT B.V. has the discretion as to whether it will agree to a complaint being resolved through the ODR platform.

14.4 In the event that any of the provisions contained in the General Terms and Conditions will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of Vitadote® / eCom IT B.V. when inserting the original provision.

14.5 In the event of any conflict or inconsistency between the provisions in these General Terms and Conditions and the Agreement, the provisions of the Agreement will prevail.

14.6 Vitadote® / eCom IT B.V. has the right to update and to make changes to these General Terms and Conditions at any time. It is the Client’s responsibility to check these General Terms and Conditions from time to time to ensure that the Client is aware of any changes which have been made. We will notify Clients if changes to these General Terms and Conditions are significant and/or have an adverse effect on Client’s rights and obligations under the Agreement. In case of significant or adverse changes, the Client will have the right to end the Agreement before the changes take effect and receive a refund for any Products and/or Services paid for but not received.