NXT Level
General terms and conditions
Version as from 22 September, 2023
Article 1 – Applicability
These general terms and conditions (hereinafter referred to as the “GTC”) govern the relationships between the company NXT Level Sports Nutrition, a company duly incorporated under the laws of the Netherlands (“besloten vennootschap”) with a share capital of 180 euros, having its registered office at Wegalaan 60, 2132 JC Hoofddorp, the Netherlands, duly registered under the number KvK-34314877, having the VAT identification number 820016123B01, email address info@nxtlevel.com (hereinafter referred to as the “Seller” or “NXT Level”) and the consumer (hereinafter referred to as the “Client”) for the products that can be found and that are purchased (hereinafter referred to as the “Products”) on https://www.nxtlevel.com/es/ (hereinafter referred to as the “Website”).
Before any Order is concluded between the Seller and the Client, the text of these GTC will be made available to the Client. Shortly after concluding an Order, the Client will receive the GTC by e-mail.
These GTC are only applicable for Products that are purchased by Clients on their own behalf. These GTC are drafted, including but not limited to any other contractual information that is mentioned on the Website, both in Spanish and in English.
The GTC can be amended at any time by the Seller. The applicable GTC will be the version in force at the date of the Order by the Client. Before concluding the Order, the Client is asked to read the GTC by clicking on the link “general terms and conditions”, to print them, to save them, and to accept them. For the best interest and the own protection of the Client, the Client is advised to carefully read the GTC before clicking and accepting them and before concluding the Order. If the Client does not fully understand any provision of the GTC, he can ask for further information by sending an email to info@nxtlevel.com.
The Client hereby acknowledges that he/she had full access to these GTC before concluding the purchase, in a readable and understandable manner, and to any other information that is listed in the article 60 of the Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (the “Spanish Consumers and Users Protection Law”), including but not limited through these GTC.
Therefore, the Client hereby declares to have fully read and accepted the GTC before concluding the online purchase. Consequently, these GTC are binding and actionable.
These GTC enter into force between the parties on the date of Order as defined in Article 5 below, for the duration that is necessary for the supply of the Products, until the expiry of the obligations and guarantees from the Seller.
These GTC contain all of the obligations of the parties. Therefore, the Client is deemed to accept these GTC without any reservation.
These GTC apply with the exclusion of any other kind of provisions and/or terms and/or conditions, including but not limited to the ones that are applicable for any purchase on-site – if any – or for any other kind of distribution and/or commercialization channel – if any or for the use of the purchased Product –if any–.
If one of the parties does not process a claim that would be based on a breach of a provision from these GTC, such behaviour shall not be interpreted as a waiver of such obligation and/or such provision.
If one or more provisions in these GTC at any time are wholly or partially void or cancelled, the other provisions of these GTC will remain in full force.
Article 2 – Definitions
Article: refers to an article of these GTC, unless otherwise is mentioned.
NXT Level or Seller: refers to the company NXT Level as described above and acting as the Seller.
Buyer or Client: refers to any natural person using the Website and concluding an Order online while acting as a consumer.
GTC: refers to these general terms and conditions.
Offer: refers to the Products that are offered online by the Seller on the Website as described in Article 3 below.
Order: refers to the Products that are purchased online by the Client on the Website as described in Article 5 below.
Product(s): refers to any goods that are offered by the Seller on the Website.
Website: refers to the website owned by the Seller as described above.
Every definition refers both to singular, plural and all genders.
Article 3 – Offer
The Products offered by the Seller on the Website are shown and described as precisely as possible, so the Client can know about the essential characteristics of the Products.
Nevertheless:
- The Seller reserves the right to adapt or modify its Offer at any time until the final validation of the Order (for instance, to improve the Products or their description);
- Despite all the meticulousness and precision provided in the presentation and the description of the Products on the Website, the Seller cannot guarantee the non-essential characteristics of the Products (such as the exact correspondence of the colors as displayed on the Website with the true colors of the Products).
Products and Offers are valid within the limits of the available stocks. If the stock of the Products is not sufficient and if a future delivery remains impossible, the Client will be informed as soon as possible and the Order will be cancelled, which will lead the Client to be paid back for all of the purchase costs.
Article 4 – Price
The price of the Products is freely defined by the Seller, in accordance with every applicable law and regulation. The price shall be mentioned to the Client on the Website in euros, including all taxes and costs if any (including but not limited to VAT, labelling fee, eco-tax, custom fee), but without delivery fee. Ultimately and before the conclusion of the Order, the delivery fee will be added to the price by the Seller, so the Client will be able to know the full price (including delivery fee) before the Order is concluded.
The Client hereby acknowledges to have been aware of the price of the Products on the Website, as described above.
For each Product, the price can be amended, changed or updated by the Seller at any time on the Website. Therefore, the prices that are applicable to an Order are the prices that are mentioned on the Website at the same time of the said Order.
Furthermore, in case of a promotional code, the following shall apply:
- The promotional code dedicated to a specific advertising campaign shall be mentioned by the Client where it is requested;
- Only the Clients as defined above (i.e. any natural person using the Website and concluding an Order online while acting as a consumer) will be able to use promotional codes;
- The promotional codes are only valid within the limits of the available stocks;
- A promotional code can only be used once;
- The promotional code is only valid for the price of the Product itself and has no impact on the additional fees, such as delivery fee.
- Promotional codes cannot be combined. Only one promotional code per purchase will be applicable.
Article 5 – Order
In order to validate an Order and therefore buy Products on the Website, the Client shall:
- Go to the Website and consult the Offers;
- Chose the Products that the Client wishes to purchase;
- Check his/her basket on the Website, so the Client can identify and correct his/her own mistakes if necessary;
- Once the basket is correct, the Client can validate the Order, by filling-in his/her personal information (including delivery address), by accepting the full price (including delivery fee), by choosing the appropriate payment means, and by accepting the GTC.
- Once an Order is accepted by the Client, it means that the Client accepts the offered Products that he/she chose and their prices. Therefore, every Order must be paid by the Client accordingly. When the Order is paid by the Client, the Order is firm and final.
- The Client will receive a confirmation email of the Order from NXT Level.
Article 6 – Payment
The payment of the price by the Client shall be made by bank card or by any other option that is suggested on the Website and that suits the Client best, if any.
When the payment is made by bank card, the transaction is immediately debited from the Client’s bank card after verification of the latter's data, upon receipt of the debit authorization from the company issuing the bank card used by the Client. Thus, the amounts that will be paid will never be considered as a deposit or as a down payment.
The Seller reserves its right to refuse the Order for any legitimate reason, especially in case of previous or current dispute with a Client regarding the payment of a previous Order.
The Client expressly consents to receive electronic invoicing of the Products purchased from NXT Level, in accordance with article 63 of Spanish Consumers and Users Protection Law.
Article 7 – Delivery and execution
Delivery can only be made by the Seller after the payment of the price of the Order by the Client, under the following conditions:
- While placing the Order, the Client will be able to choose one of the delivery methods that are proposed on the Website;
- To date, delivery is only possible in the following countries: The Netherlands, Belgium, Luxembourg, Germany, France and Spain;
- The Client will choose and fill-in the delivery address. The Client will be solely responsible for a lack of delivery due to a lack of information of the delivery address. Any package that will be returned to the Seller due to an incorrect or incomplete delivery address will be refunded to the Client, but the Client will be charged the applicable return shipping costs, if any;
- The amount of the delivery fee depends of the Order and of the delivery method that is chosen by the Client. In any case, the delivery fee will always be mentioned on the Website before the validation of the Order;
- The delivery time is shown on the Website and may vary depending of the availability of the Products. The delivery time runs from the date of the Order; In The Belgium, the usual delivery time is 1 (work)day, when the Order is placed before 23:59. The Client can track the Order, at any time, using the tracking number sent by email. For more information on delivery times, go to https://www.nxtlevel.com/en/es/shipping.html;
- In the event of a late delivery, the Order will not be cancelled. The Seller will inform the Client about such delay by sending an email.
- However, (i) if the Client gives formal notice by sending a letter or an email to the Seller to deliver the Order within a reasonable additional delivery time, (ii) and if the Seller does not comply to do so within such reasonable additional delivery time, (iii) therefore, the Client will be able to cancel the Order by sending another letter or an email clearly expressing this intention of cancelling the Order. In such event, the Seller will refund the Client within fourteen (14) days following the date on which the Order was cancelled and terminated;
- Upon delivery, the Client must check the condition of the packaging and of the Products;
- If the parcel is damaged upon delivery: any risk of loss or damage to the Products is transferred to the Client when the latter or a third party designated by him/her takes physical possession of these Products. It is up to the Client to issue, within seventy-two (72) hours after having received the Products, any kind of reservations and complaints that the Client would see as necessary, or even to refuse delivery when the parcel is obviously damaged. In such event, such reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt with copy to the Seller;
Article 8 – Right of withdrawal
8.1. Principle
According to article 102 of the Spanish Consumers and Users Protection Law, after the day of delivery of the Products, the Client has fourteen (14) days to exercise his/her right of withdrawal without a cause from receipt of the Products. In the case of an Order with several Products delivered separately or in the case of an Order for a Product made up of lots or multiple parts, the delivery of which is staggered over a defined period, the period runs from receipt of the last Product or batch or of the last part, in accordance with the Consumers and Users Protection Law. The day of delivery is not part of these fourteen (14) days. If these fourteen (14) days end on a Saturday, a Sunday, or a public holiday or a nonworking day, the withdrawal period will expire on the next business day.
During this withdrawal period, the Client will handle the Products and the packaging with care. If the Client uses this right of withdrawal, the Client will return the Products sealed and in the original condition, to the Seller, in accordance with the instructions provided by the Seller.
To exercise his right, the Client can use the form at the bottom of these GTC or contact customer service using the contact form available at the following link: https://www.nxtlevel.com/en/es/contactus.
Once the Client has made it known that he intends to withdraw, the Client must return the Products within fourteen (14) days. The Client must be able to prove that the Products have been returned on time (for instance, by means of proof of dispatch and acknowledgement of receipt).
The Client may return the Products in the manner provided at: https://www.nxtlevel.com/en/es/returns.html
The Seller refunds using the same means of payment as that used by the consumer for the initial transaction, unless the Client expressly agrees to use another means of payment and insofar as the refund does not give rise to costs for the Client.
The refund will be made no later than fourteen (14) days from receipt of the products accompanied by the return slip to the following address:
NXT Level
Reply number 2591
Borchwerf 5
4704 RG Roosendaal
Pays-Bas
8.2. Refund conditions
If the conditions for a refund are met, the returned Products will be refunded as soon as possible and no later than fourteen (14) days after receiving the notification of the use of the right of withdrawal. The Seller may withhold the reimbursement until receipt of the goods, or until the consumer has provided proof of the return of the goods, whichever condition is met first.
The refund will be made via the same payment method used by the Client, unless the Client expressly gives permission for another payment method.
When the Client returns an entire Order, the original shipping costs will also be refunded. Notwithstanding the foregoing, in the event that the Client has expressly selected a delivery method other than the least expensive ordinary delivery method, the Seller shall not be obliged to reimburse the additional costs arising therefrom. When the Client returns part of an Order, only the returned Products will be refunded.
The costs of return are borne by the Client, unless a return label is used as described at: https://www.nxtlevel.com/en/es/returns.html.
In the event of damage to the Products by the Client, the Client will be held liable for any loss in value of the said Products.
8.3. Limitation of the right of withdrawal
Any Product that is open, unsealed, damaged, soiled or incomplete will be refused.
According to article 103 of the Spanish Consumers and Users Protection Law, certain items cannot be subject to the right of withdrawal, such as: items that are made based on Client’s specifications or clearly personalized; items which, after delivery and taking into account their nature, have become inseparably mixed with other goods; items that cannot be returned due to their nature; items that are perishable or subject to deterioration; items which have been unsealed by the Client and that cannot be returned due to hygiene or health protections reasons; the supply of digital content that is not provided on a tangible medium when performance has commenced.
Article 9 – Warranty
The Products that are sold by the Seller on the Website to the Clients must be up for human consumption and comply with the Orders.
The Client should read carefully all product labels prior to use and follow the instructions for consumption and storage of the Products. The advice contained at https://www.nxtlevel.com/ is for information purposes only. Among the Products, food supplements should not be regarded as a means of detecting, treating or curing diseases and shall not be used as a substitute for a varied, balanced diet and a healthy life style. Food supplements aim to help the Client in their general state of health. In case of doubt, the Seller advises to consult a doctor.
Article 10 – Force majeure
In the event of the occurrence of a force majeure event, the performance by the Seller of its obligations under these GTC will be suspended. The Seller will notify the Client accordingly within thirty (30) days from the date of occurrence of such event. When the suspension of the performance of the Seller's obligations continues for a period of more than thirty (30) days, the Client has the option to terminate the current Order and therefore to be refunded by the Seller.
Article 11 - Client account
The Client must be reachable by e-mail.
The Client is responsible for the use made of his username and password. The Seller therefore advises the Client to use a unique password and to keep this password secret with due care.
The Client is not entitled to allow other people to use his/her Client account.
The Client is responsible for the accuracy of the data in its own account.
The Client shall have one Client account only with the Seller, who reserves the right to delete multiple registrations from the same person.
To prevent abuse or fraud, the Seller will carry out periodic or random checks on Orders and complaints. In case of suspected abuse or fraud, the Seller can carry out additional checks. The Client will be informed accordingly. In case of alleged abuse or fraud, the Seller reserves the right to block and keep blocked the relevant Client account.
Article 12 – Complaints
The Seller teams do their utmost to be of service to everyone and want to enable Clients to have the best experience. In the event that a Client has any complaints, the Seller teams regret this and would be more than happy to hear them. The Client can first report complaints to the customer service by filling in the contact form at: https://www.nxtlevel.com/en/es/contactus. If a complaint is not heard, please refer to the Article 15 – Applicable law and disputes below.
Article 13 – Personal data
In order to execute your agreement, we collect your personal data. The Seller processes your personal data appropriately and with due care and within the framework of the applicable legislation and regulations, such as the General Data Protection Regulation (GDPR).
The privacy declaration of the Seller lists which data is processed by us, for which purposes we process it and how we handle the personal data. It also explains the way in which involved persons are able to exercise their rights for the processing of their personal data. You can find the NXT Level privacy statement on our website.
If you do not wish to be solicited by telephone, you have the right to register on the opposition list to cold calling called Bel-Me-Niet. You can also register on the opposition list on the website www.dncm.be/nl/home.
Article 14 –NXT Level customer service contact details
The contact details of our customer service department are the following:
- Online form: https://www.nxtlevel.com/en/es/contactus;
- Post address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands.
Article 15 – Applicable law and disputes
Spanish law is applicable to these GTC and to the Orders.
If a clause of these GTC is deemed void or cancelled, the other clauses shall remain in full force.
Any dispute that may arise in connection with these GTC and the Orders shall be submitted either to the competent courts of the place where the defendant lives or to the competent courts where the Orders have been delivered and thus where the contract is executed, at the plaintiff’s sole discretion.
It is also possible to refer to the European Commission's online platform for online dispute resolution, at the following link: http://ec.europa.eu/consumers/odr/.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is not applicable.