Algemene Voorwaarden

Definitions

In these general terms and conditions, the following words have the meanings assigned to them below, unless the context indicates otherwise:

  • Cooling-off period: the period within which a consumer can make use of their right of withdrawal.

  • Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity.

  • Day: calendar day.

  • Digital content: data that is produced and delivered in digital form.

  • Durable medium: any tool — including email — that enables a consumer or The Longevity Store to store information personally addressed to them, in a way that allows future consultation or use for a period appropriate to the purpose of the information, and which allows unchanged reproduction of the stored information.

  • Right of withdrawal: the option for a consumer to withdraw from the distance contract within the cooling-off period.

  • Distance contract: an agreement concluded between The Longevity Store and a consumer within the framework of an organized system for the remote sale of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusive or partial use is made of one or more techniques for distance communication.

  • Withdrawal form: the form included in the Appendix to these terms and conditions, which a consumer can use to withdraw from the distance contract within the cooling-off period.

  • The Longevity Store: the company The Longevity Store B.V., located at Papaverweg 34, 1032KJ, Amsterdam, and registered in the Trade Register of the Chamber of Commerce under number 93035306.

  • Website: the website of The Longevity Store, being www.thelongevitystore.com.

Applicability

  1. These general terms and conditions apply to every offer from The Longevity Store and to every distance contract concluded between The Longevity Store and a consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, The Longevity Store will indicate, before the distance contract is concluded, how the general terms and conditions can be accessed electronically and that they will be sent free of charge, electronically or otherwise, upon request by the consumer.

  3. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second paragraph applies accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

Offer

  1. Obvious mistakes or errors in the offer of products, digital content, and/or services do not bind The Longevity Store.

  2. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer.

Agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions.

  2. If the consumer has accepted the offer electronically, The Longevity Store will promptly confirm receipt of the acceptance of the offer electronically.

1. Right of Withdrawal

  1. The consumer can dissolve an agreement relating to the purchase of a product within a cooling-off period of 14 days without giving reasons.

  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:

    a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them who is not the carrier, has received the last product. The Longevity Store may, provided it has clearly informed the consumer of this before the ordering process, refuse an order of multiple products with different delivery times;

    b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them who is not the carrier, has received the last shipment or part; or

    c. in the case of agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them who is not the carrier, has received the first product.

  3. The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving reasons.

  4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

2. Handling of the Product During the Cooling-off Period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.

  2. The consumer is liable for any depreciation in value of the product resulting from handling the product beyond what is permitted in paragraph 1.

3. Exercising the Right of Withdrawal

  1. If the consumer makes use of the right of withdrawal, they must notify The Longevity Store within the cooling-off period by means of the withdrawal form or in another unequivocal manner.

  2. The consumer must return the product as soon as possible, but no later than 14 days after the notification referred to in paragraph 1, to The Longevity Store or hand it over to a representative of The Longevity Store. This is not required if The Longevity Store has offered to collect the product themselves. The consumer will have met the return deadline if they send the product back before the cooling-off period has expired.

  3. The consumer must return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the instructions provided by The Longevity Store.

  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product.

  6. If the performance of the service starts during the cooling-off period, the consumer must pay an amount proportional to the part of the obligation that has been fulfilled at the time of withdrawal, compared to full performance of the obligation.

4. Obligations of The Longevity Store in Case of Withdrawal

  1. If The Longevity Store enables the consumer to submit their withdrawal electronically, The Longevity Store will promptly send an acknowledgment of receipt of this withdrawal.

  2. The Longevity Store will reimburse all payments made by the consumer, including any delivery costs charged by The Longevity Store for the returned product, promptly and no later than 14 days after the day on which the consumer notifies them of the withdrawal. Unless The Longevity Store offers to collect the product themselves, they may wait with repayment until they have received the product or until the consumer proves that they have returned the product, whichever is earlier.

  3. The Longevity Store will use the same payment method for the refund as the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.

  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, The Longevity Store does not have to refund the additional costs for the more expensive method.

5. Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

  2. Contrary to the previous paragraph, The Longevity Store may offer products and/or services whose prices are subject to fluctuations in the financial market and over which The Longevity Store has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be indicated in the offer.

  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

  4. Price increases from 3 months after the conclusion of the agreement are only permitted if The Longevity Store has stipulated this and:
    a. these are the result of statutory regulations or provisions; or
    b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

  5. The prices mentioned in the offer of products and/or services include VAT.

6. Performance of Agreement and Additional Guarantee

  1. The Longevity Store guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.

  2. No claim can be made under paragraph 1 of this article in any of the following cases: (i) damage caused by intent or negligence, (ii) normal wear and tear, and/or (iii) damage caused by failure to follow the instructions for use or operating instructions correctly.

  3. Any additional guarantee provided by The Longevity Store, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer may assert against The Longevity Store under the agreement if The Longevity Store has failed to fulfill its part of the agreement.

  4. An additional guarantee is understood to mean any obligation by The Longevity Store, its supplier, importer, or manufacturer in which certain rights or claims are granted to the consumer that go beyond what is legally required in the event that The Longevity Store has failed to fulfill its part of the agreement.

7. Execution of Agreement and Delivery

  1. The Longevity Store will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

  2. The place of delivery is the address that the consumer has provided to The Longevity Store.

  3. The consumer must provide the correct address and email address to The Longevity Store, and any changes must be communicated promptly. If the consumer provides an incorrect address for delivery, the additional shipping costs will be borne by the consumer.

  4. Delivery takes place while stocks last.

  5. Ownership of delivered products passes to the consumer after payment of the amount due. The risk of the products passes at the time of delivery to the consumer.

  6. The Longevity Store will execute accepted orders within no more than 3 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 3 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs.

  7. After dissolution in accordance with the previous paragraph, The Longevity Store will promptly refund the amount paid by the consumer.

  8. The risk of damage and/or loss of products rests with The Longevity Store until the moment of delivery to the consumer or a representative designated in advance and made known to The Longevity Store, unless expressly agreed otherwise.

8. Payment

  1. Unless otherwise provided in the agreement, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after concluding the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer receives confirmation of the agreement.

  2. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to The Longevity Store. Payment orders to giro and banking institutions are for the account and risk of the party issuing (or authorizing) the payment.

9. Accounts and Registration

  1. The consumer can create an account or otherwise register on the website. The Longevity Store reserves the right to refuse an application for such registration or to terminate the registration, for example after detecting irregularities.

  2. Login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of their login details, even if used without their knowledge.

  3. The consumer must immediately inform The Longevity Store if they suspect that their login details are known to a third party or if irregularities occur.

  4. The consumer is not allowed to apply for or manage more than one account. Furthermore, the consumer is not allowed to (re)apply for or manage an account after The Longevity Store has refused their application for an account or terminated their account after registration.

10. Force Majeure

The Longevity Store and the consumer are not obliged to fulfill any obligation if they are hindered from doing so as a result of a circumstance not attributable to their fault and which is not for their account under the law, a legal act, or generally accepted views.

11. Complaints Procedure

  1. The Longevity Store has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

  2. Complaints about the performance of the agreement must be submitted to The Longevity Store as soon as possible after the consumer has discovered the defects, fully and clearly described.

  3. Complaints submitted to The Longevity Store will be answered within 2 days from the date of receipt. If a complaint requires a foreseeably longer processing time, The Longevity Store will respond within 2 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

12. Privacy and Security

  1. The Longevity Store respects the customer’s privacy. The Longevity Store processes all personal data provided in accordance with applicable laws, in particular the General Data Protection Regulation (GDPR). The customer consents to this processing. The Longevity Store uses appropriate security measures to protect the customer’s personal data.

  2. For more information on privacy, please refer to The Longevity Store’s website.

13. Miscellaneous

  1. Any deviations from these general terms and conditions can only be agreed in writing. Such deviations cannot be relied upon for any later legal relationships.

  2. The administration of The Longevity Store serves, subject to proof to the contrary, as evidence of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as evidence.

  3. The Longevity Store is entitled to transfer the rights and obligations from the agreement with the consumer to a third party by giving the consumer simple notice.

  4. If and insofar as any provision of the general terms and conditions is declared null and void or annulled, the other provisions will remain in full force. The Longevity Store will then establish a new provision to replace the null/annulled provision, taking into account as much as possible the intent of the original provision.

14. Applicable Law

Agreements, and all non-contractual obligations arising therefrom, between The Longevity Store and the consumer to which these general terms and conditions apply, are governed exclusively by Dutch law.