Terms and Conditions

This website is operated by Pootivo. Throughout the site, the terms “we”, “us”, “our”, and “merchant” refer to Pootivo. Pootivo provides this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms (“Terms of Service”, “Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, you may not access the website or use any services.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Our store is hosted by Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services.

By agreeing to these Terms of Service, you represent that you are of the age of majority in your country of residence or that you are of the age of majority and have consented to the use of this website by any minor members of your household.

You may not use our products for any illegal or unauthorized purpose, nor may you violate the laws in your jurisdiction (including, but not limited to, copyright laws).

You may not transmit worms or viruses or any code of a destructive nature. A breach of any of the Terms will result in the immediate termination of the Services provided.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without our express written permission.

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions.

ARTICLE 1 – DEFINITIONS

For the purposes of these terms and conditions, the following definitions apply:

Withdrawal period: the period during which the consumer may exercise the right of withdrawal from the contract;

Consumer: a natural person who is not acting in the course of a profession or business and who concludes a distance contract with the trader;

Date: 01-01-2024

Continuous contract: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or receive is spread over a period of time;

Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a manner allowing future consultation and unchanged reproduction.

Right of withdrawal: the possibility for the consumer to withdraw from a distance contract during the withdrawal period;

Trader: a natural person or legal entity offering products and/or services to consumers at a distance;

Distance contract: a contract under which, within an organised distance-sales system for products and/or services operated by the trader, exclusive use is made, up to and including the time the contract is concluded, of one or more means of distance communication;

Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place.

Terms and Conditions: these Terms and Conditions of the trader.

ARTICLE 2 – IDENTITY OF THE TRADER

Company name: NVO Online

Trade name: Pootivo

Chamber of Commerce number: 75725266

VAT number: NL002435450B16

Customer service e-mail: info@pootivo.nl

Customer service telephone number: +31638671382

Company address: Ravensteinlaan 3, Roosendaal, 4706VG, Netherlands

Customer service hours: Monday – Friday: 08:30 – 18:00

ARTICLE 3 – APPLICATION

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance agreement is concluded that the general terms and conditions may be consulted at the trader’s premises and that, at the consumer’s request, they will be sent to the consumer free of charge as soon as possible.

If the distance agreement is concluded electronically, the text of these general terms and conditions may, by way of derogation from the preceding paragraph, be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium.

Where, in addition to these general terms and conditions, specific terms and conditions apply to products or services, paragraphs two and three shall apply, and in the event of a conflict between the terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions of these general terms and conditions are or become invalid, the agreement and the remaining terms shall remain in force, and the provision in question shall be promptly replaced by a new provision that corresponds as closely as possible to the spirit of the original provision.

Situations not provided for in these general terms and conditions shall be assessed “in the spirit” of these terms and conditions.

Any ambiguities concerning the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.

ARTICLE 4 – THE OFFER

If the offer has a limited validity period or is subject to certain conditions, this is expressly stated in the offer.

The offer is non-binding. The trader is entitled to amend and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses photographs, they faithfully represent the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.

All photographs and specifications in the offer are indicative only and may not constitute grounds for compensation or termination of the agreement. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer contains information enabling the consumer to familiarise themselves with the rights and obligations arising from acceptance of the offer. This applies in particular to:

• the price including all taxes;
• any shipping costs;
• the manner in which the agreement is concluded and the steps necessary for that purpose;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and performance of the contract;
• the deadline for accepting the offer or the period during which the trader guarantees the price;
• any available sizes, colours and types of materials.

ARTICLE 5 – CONTRACT

The contract is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and the specified conditions are fulfilled.

If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until the trader confirms receipt of this acceptance, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure online environment.

The trader may, within the limits of the law, obtain information as to whether the consumer is able to fulfil their payment obligations. If, on the basis of this assessment, the trader has reasonable grounds not to enter into the contract, they shall be entitled to refuse to fulfil the order or make its fulfilment subject to specific conditions.

The trader shall provide the consumer with the following information in writing together with the product or service:

• the address of the trader’s registered office to which the consumer may direct complaints;
• the conditions and manner of exercising the right of withdrawal or clear information about the exclusion of the right of withdrawal;
• information about warranties and existing after-sales service;
• conditions for terminating the contract if the contract was concluded for a period exceeding one year or for an indefinite period.

Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason for 30 days. This period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and notified to the trader.

During the withdrawal period, the consumer shall handle the product and packaging with care. They shall unpack or use the product only to the extent necessary to assess whether they wish to retain it. If they exercise the right of withdrawal, they shall return the product together with all accessories supplied—where reasonably possible—in its original condition and packaging, in accordance with the trader’s reasonable and clear instructions.

If the consumer wishes to exercise the right of withdrawal, they must inform the trader within 30 days of receiving the product by sending a written message/e-mail to info@pootivo.nlAfter notifying the intention to exercise the right of withdrawal, the consumer has 14 days to return the product.

If the consumer does not notify the intention to exercise the right of withdrawal or return the product within the aforementioned periods, the purchase becomes final.

ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL

If the consumer exercises the right of withdrawal, the consumer shall bear the costs of returning the products.

If the consumer has made a payment, the trader shall refund that amount as soon as possible, but no later than within 10 days of the withdrawal, provided that the product has already been returned to the trader or the consumer has provided irrefutable proof that it has been returned in full.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The trader may exclude the consumer’s right of withdrawal from the contract in the case of the products described in paragraphs 2 and 3. Exclusion of the right of withdrawal is effective only if the trader has expressly indicated this in the offer, no later than before the conclusion of the contract.

Exclusion of the right of withdrawal is possible only in the case of products:

• made by the trader according to the consumer’s specifications;
• having a clearly personal character;
• which, by their nature, cannot be returned;
• which may quickly deteriorate or expire;
• whose price depends on fluctuations in the financial market over which the trader has no control;
• for individual newspapers and periodicals;
• for audio and video recordings and computer software whose packaging has been opened by the consumer;
• for hygiene products whose packaging has been opened by the consumer.

Exclusion of the right of withdrawal is possible only in the case of services:

• relating to accommodation, transport, restaurant services or leisure activities, which are to be performed on a specific date or during a specific period;
• the supply of which began with the consumer’s express consent before the expiry of the withdrawal period;
• relating to betting and lotteries.

ARTICLE 9 – PRICE

We reserve the right to change the prices of the products and/or services offered during the period of validity specified in the offer, including as a result of changes in VAT rates.

By way of derogation from the preceding paragraph, the trader may offer products or services whose prices depend on fluctuations in the financial market and over which the trader has no control, at variable prices.

Price increases within 3 months from the conclusion of the contract are permitted only if they result from legal provisions or regulations.

Price increases after 3 months from the conclusion of the contract are permitted only if the trader has stipulated this and if they result from legal provisions or regulations, or if the consumer has the right to terminate the contract as of the date on which the price increase enters into force.

All prices include VAT, unless stated otherwise.

All prices are subject to printing and typographical errors. The trader shall not be liable for the consequences of such errors and is not obliged to deliver the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the laws and/or government regulations in force on the date the agreement is concluded.

The warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 24 hours of delivery by sending a message to the address info@pootivo.nl. Products must be returned in their original packaging and in new condition.

The warranty does not apply if:

• The consumer repaired and/or modified the products delivered themselves or had them repaired and/or modified by third parties;
• The products delivered were exposed to abnormal conditions or were handled carelessly or contrary to the trader’s instructions;
• The defect is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The trader shall exercise due care when accepting and fulfilling product orders.

The delivery address shall be the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall fulfill accepted orders without delay, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. In the event of a delay in delivery or if the order cannot be fulfilled or can be fulfilled only partially, the consumer will be informed thereof no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement free of charge and to any compensation.

In the event of termination of the agreement, the trader shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days of termination of the agreement.

If delivery of the ordered product proves impossible, the trader will endeavor to make a substitute item available. This will be clearly communicated no later than upon delivery. In the case of substitute items, the right of withdrawal may not be excluded. The trader shall bear any return costs.

The risk of damage to and/or loss of the products rests with the business until they are delivered to the consumer or to a designated representative of the business notified to it, unless expressly agreed otherwise.

ARTICLE 12 – CONTINUING CONTRACTS: DURATION, TERMINATION AND EXTENSION

Termination

The consumer may terminate at any time an indefinite-term contract concerning the regular supply of products or services, in accordance with the agreed termination rules and subject to a notice period not exceeding one month.

The consumer may terminate at any time a fixed-term contract concerning the regular supply of products or services, in accordance with the agreed termination rules and subject to a notice period not exceeding one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

• at any time and without restriction to termination at a specified time or during a specified period;
• at least in the same manner in which they were entered into;
• always with the same notice period as that stipulated by the business for itself.

Extension

A fixed-term contract concerning the regular supply of products or services may not be automatically extended for a fixed term.

A fixed-term contract concerning the regular supply of products or services may be automatically extended for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month.

Duration

If the contract has a duration exceeding one year, the consumer may terminate it at any time after one year, subject to a notice period not exceeding one month, unless the principles of reasonableness and fairness oppose termination before the expiry of the agreed period.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days from the commencement of the withdrawal period referred to in Article 6(1). In the case of a service contract, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to report to the business without delay any inaccuracies in the payment details provided or specified.

In the event of the consumer’s late payment, the business has the right, subject to statutory limitations, to charge reasonable costs previously communicated to the consumer.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints concerning the performance of the contract must be submitted to the business within 7 days of discovering the defects, in a complete and clearly described manner, via the address info@pootivo.nl.

Complaints submitted to the business shall be handled within 14 days of receipt. If a complaint foreseeably requires a longer processing time, the business shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer may expect a more detailed response.

If a complaint cannot be resolved by agreement, a dispute shall arise that is subject to the dispute resolution procedure.

A complaint does not suspend the business’s obligations, unless the business decides otherwise in writing.

If a complaint is deemed justified by the business, the business shall, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Contracts between a business and a consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.

ARTICLE 16 – PERSONAL DATA

Our Privacy Policy applies to your submission of personal data through the store. To review our Privacy Policy, visit the Privacy Policy page.

ARTICLE 17 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on the related website is inaccurate at any time, including after an order has been submitted.

We are not obligated to update, change, or clarify information in the Service or on the related website, including, without limitation, pricing information, except as required by law.

ARTICLE 18 – CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes on our website.

You are responsible for regularly checking our website for changes. Continued use of our website or the Service after any changes to these Terms of Service have been published constitutes acceptance of those changes.