Terms of service

Article 1. Definitions

In these general terms and conditions, the following terms, always indicated with a capital letter, are used with the following meaning.

1. Arctic Blue: Arctic Blue Omega B.V., the user of these general terms and conditions, with its registered office at Prinses Irenelaan 200, 3554 HH Utrecht, registered in the Commercial Register under Chamber of Commerce (KvK) number 62567128.
2. Customer: any natural person or legal entity with whom Arctic Blue has concluded or intends to conclude an Agreement.
3. Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
4. Parties: Arctic Blue and the Customer jointly.
5. Agreement: any agreement between the Parties concluded through the website www.arctic-blue.com under which Arctic Blue has committed itself towards the Customer to the delivery of Products.
6. Subscription: an Agreement providing for the regular delivery of Products.
7. Products: the goods to be delivered by Arctic Blue to the Customer under an Agreement, which may include, but are not limited to, fish and algae oils, fish collagen and Omega-3 self-tests.
8. In Writing: communication in writing, communication by email, WhatsApp or any other means of communication that, in view of the state of the art and generally accepted standards, can be considered equivalent thereto.

Article 2. General provisions

1. These general terms and conditions apply to every offer made by Arctic Blue, every Agreement and all legal relationships between the parties arising therefrom.
2. Any general terms and conditions of the Customer do not apply to the Agreement.
3. Deviations from the provisions of these general terms and conditions are only possible expressly and In Writing. If and insofar as what the Parties have expressly agreed In Writing deviates from the provisions of these general terms and conditions, what the Parties have expressly agreed In Writing shall prevail.
4. The annulment or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the remaining provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to agree on a replacement arrangement with regard to the affected provision. In doing so, the purpose and intent of the original provision shall be observed as much as possible.

Article 3. Offer and conclusion of the agreement

1. Every offer made by Arctic Blue is without obligation and subject to sufficient availability of the offered Products. Arctic Blue is entitled to revoke its offer until immediately, or at least as soon as possible, after the order has been placed by the Customer. If in that case payment has already been made by the Customer, Arctic Blue will arrange for repayment as soon as possible.
2. Every Agreement is concluded, without prejudice to the provisions of paragraph 1, at the moment the order has been completed and submitted by the Customer. Subsequently, the order will, without prejudice to the provisions of paragraph 1, be confirmed to the Customer by email as soon as possible.

Article 4. 100% No-Fishy-Burps Guarantee

1. If the Customer is dissatisfied with the supplements containing omega-3 fatty acids delivered by Arctic Blue, the Customer is entitled to dissolve the Agreement, provided that the Customer has notified Arctic Blue thereof by email within 60 days of receipt of the Products, requesting a free shipping label.
2. The Customer must return the not yet consumed supplements to which the dissolution relates to Arctic Blue in their original packaging within seven days of receipt of the free shipping label, preferably stating the reasons. The purchase price paid by the Customer for the supplements in question will be refunded within 14 days after Arctic Blue has received back the not yet consumed supplements, provided that the Customer has opened no more than one package of the supplement in question; the Customer is deemed to be able to judge on the basis of one package whether he is satisfied with the supplement. If the Customer has opened several packages of the supplement, Arctic Blue is entitled to demand payment for the excess.
3. With regard to the same supplement (of a particular flavour), the Customer can only invoke the satisfaction guarantee of this article once.
4. The provisions of this article do not affect the provisions of Article 5.

Article 5. Right of withdrawal for consumers

1. The Consumer may withdraw from the Agreement without stating reasons up to 14 days after the Products have been received by or on behalf of the Consumer. However, in the context of a Subscription, the Consumer may withdraw from it up to 14 days after the first delivery under the Subscription has been received by or on behalf of the Consumer. The foregoing applies unless the right of withdrawal is excluded pursuant to the provisions of the following paragraph.
2. The Consumer has, without prejudice to the grounds otherwise excluded under Section 6.5.2B of the Dutch Civil Code, no right of withdrawal in the case of the delivery of supplements or other Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
3. The Consumer can exercise his right of withdrawal by submitting a request to Arctic Blue by email or by using the model withdrawal form provided by Arctic Blue. As soon as possible after Arctic Blue has been informed of the Consumer's intention to withdraw from the Agreement, and if the conditions of this article have been met, Arctic Blue will confirm the withdrawal from the Agreement by email and provide a free shipping label.
4. During the 14-day cooling-off period, the Consumer must handle the Products and their packaging with care. The Consumer may only handle and inspect the Products to be returned to the extent that would be permitted in a physical shop.
5. If the Consumer exercises the right of withdrawal, he shall return the Products to be returned to Arctic Blue undamaged, with all accessories supplied, if any, and in their original condition and packaging.
6. The Consumer is liable for any diminished value of the Products resulting from handling the Products beyond what is permitted under paragraph 4. Arctic Blue is entitled to charge this diminished value to the Consumer, whether or not by setting off this diminished 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 shall be borne by Arctic Blue, provided that the Consumer has used the free shipping label provided by Arctic Blue.
8. Arctic Blue shall repay any payment already received from the Consumer, minus any diminished value as referred to in paragraph 6, as soon as possible, but no later than within 14 days after withdrawal from the Agreement, provided that the Products have been received back by Arctic Blue, or the Consumer has demonstrated that the Products have actually been returned. If the right of withdrawal is applied to only part of the order, any delivery costs initially paid by the Consumer are not eligible for refund.

Article 6. Delivery of the products

1. Delivery of Products takes place by delivering them to the delivery address specified by the Customer. If no delivery address has been specified, the billing address shall be deemed the delivery address.
2. If the agreed delivery period is exceeded, the Customer is never entitled to refuse to take receipt of the Products to be delivered or to fulfil his other obligations under the Agreement.
3. If Arctic Blue incurs additional costs as a result of a circumstance attributable to the Customer, for example in connection with multiple delivery attempts, these costs shall additionally be borne by the Customer.

Article 7. Duration and cancellation of subscriptions

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

Article 8. Delivery periods

1. Arctic Blue makes every effort to comply with any delivery periods agreed between the Parties. However, these periods are to be regarded solely as indicative, non-binding periods. Arctic Blue shall not be in default until the Customer has given Arctic Blue notice of default In Writing, in which notice of default a reasonable period is specified within which Arctic Blue can still fulfil its obligation, and fulfilment has still not taken place after the expiry of the last-mentioned period.
2. Default by Arctic Blue entitles the Customer to dissolve that part of the Agreement to which the default relates, but never entitles the Customer to substitute or additional compensation.

Article 9. Complaints

1. The provisions of the following paragraphs of this article do not affect the provisions of Articles 4 and 5.
2. If, in the Customer's opinion, the nature and/or quantity of the Products does not conform to the Agreement, or the Products are not free of transport damage, the Customer must notify Arctic Blue thereof In Writing within three days of delivery, stating precisely the grounds on which the complaint is based.
3. Complaints regarding defects that were reasonably not visible or otherwise not apparent at the time of delivery of the Products must be submitted to Arctic Blue In Writing, stating precisely the grounds on which the complaint is based, within three days after the Customer has become aware of the existence of the defect, or could reasonably have become aware of it.
4. Notwithstanding the provisions of the preceding paragraphs of this article, a Consumer can no longer claim that what has been delivered in the context of a consumer purchase does not conform to the Agreement if the Consumer has not complained to Arctic Blue about it within two months of discovering the defect.
5. If the Customer does not complain in a timely manner and in accordance with the provisions of the preceding paragraphs, no obligation whatsoever arises for Arctic Blue from such a complaint by the Customer.
6. Even if the Customer complains in a timely manner, his obligation to pay Arctic Blue on time remains in place, except insofar as the law mandatorily precludes this for the benefit of the Consumer.
7. If a complaint from a Consumer cannot be resolved by mutual agreement, the Consumer may submit the dispute to the dispute committee via the ODR platform (ec.europa.eu/consumers/odr/).

Article 10. Conformity

1. Arctic Blue guarantees that the Products conform to the Agreement and thus meet the expectations that the Customer may reasonably have of the Products (conformity).
2. A claim based on non-conformity lapses in any case if a defect in the delivered Product is the result of an external cause occurring after delivery or another circumstance not attributable to Arctic Blue. This includes, but is not limited to, defects resulting from external damage, natural spoilage, 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 what is missing. If repair or supplementation of what is missing is not possible, the Customer is entitled to repayment of the price the Customer paid to Arctic Blue for the Products in question.
4. Products can, except as provided in Articles 4 and 5, never be returned without prior consent In Writing from Arctic Blue.

Article 11. Force majeure

1. Arctic Blue is not obliged to fulfil 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 law, a legal act or generally accepted standards (force majeure).
2. If the force majeure situation makes fulfilment of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect and without judicial intervention.
3. If, at the onset of the force majeure situation, Arctic Blue has already partially fulfilled its delivery obligations, or can only partially fulfil its delivery obligations, it is entitled to invoice the part already delivered or the part still deliverable of the Agreement separately, as if it were an independent Agreement.
4. Damage resulting from force majeure is, without prejudice to the application of the previous paragraph, never eligible for compensation.

Article 12. Suspension and dissolution

1. Arctic Blue is, if the circumstances of the case reasonably justify it, entitled, without judicial intervention, to suspend the performance of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if the Customer does not fulfil his obligations under the Agreement, does not fulfil them on time or does not fulfil them in full, or if circumstances that have come to Arctic Blue's attention after the conclusion of the Agreement give good grounds to fear that the Customer will not fulfil his obligations. If fulfilment of the obligations of the Customer in respect of which he is failing or threatens to fail is not permanently impossible, the right to dissolve only arises after the Customer has been given notice of default In Writing by Arctic Blue, in which notice of default a reasonable period is specified within which the Customer can (still) fulfil his obligations, and fulfilment has still not taken place after the expiry of the last-mentioned period.
2. If the Customer is in a state of bankruptcy, his business is being liquidated, he has applied for a (provisional) suspension of payments, any attachment has been levied on his goods, or in cases where the Customer cannot otherwise freely dispose of his assets, Arctic Blue is entitled to dissolve the Agreement in whole or in part with immediate effect and without judicial intervention.
3. The Customer is never entitled to any form of compensation in connection with the right of suspension or dissolution exercised by Arctic Blue on the basis of this article.
4. The Customer is obliged to compensate the damage suffered by Arctic Blue as a result of the suspension or dissolution of the Agreement.
5. If Arctic Blue dissolves the Agreement on the basis of this article, all claims against the Customer become immediately due and payable.

Article 13. Delivery costs & payments

1. From an order amount of € 30,- (incl. VAT), delivery is free of charge. Before the Agreement is concluded, the total price or periodic price of the Subscription is stated, including VAT and any delivery costs.
2. Payment must be made using one of the payment methods designated for that purpose by Arctic Blue. In the case of a bank transfer, Arctic Blue applies a standard payment term of 14 days from the invoice date, but may deviate from this in individual cases.
3. Arctic Blue is entitled to make any invoices to be provided to the Customer available to him exclusively by email.
4. If timely payment is not made, the Customer is in default by operation of law. From the day the Customer's default commences, the Customer owes interest of 2% per month on the outstanding amount, whereby part of a month is considered a full month. Notwithstanding the previous sentence, the statutory interest applies instead of the contractual interest referred to there if the Customer acts in the capacity of Consumer.
5. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain amounts owed by the Customer, shall be borne by the Customer.

Article 14. Liability and indemnification

1. The Customer bears the damage caused by inaccuracies or omissions in the information provided by him. Furthermore, the Customer bears the damage caused by an (other) failure in the fulfilment of the Customer's obligations arising from the law or the Agreement, as well as damage caused by another circumstance that cannot be attributed to Arctic Blue.
2. Liability of Arctic Blue for indirect damage, consequential damage, lost profit, missed savings, reduced goodwill, damage due to business interruption, damage as a result of claims from the Customer's personnel or customers, mutilation or loss of data and all other forms of damage other than those mentioned in the following paragraph, on whatever grounds, is excluded.
3. The limitations of Arctic Blue's liability included in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Arctic Blue or its managerial subordinates. Arctic Blue can only be held liable for direct damage attributable to it. Direct damage is understood to mean exclusively:
   • reasonable costs for determining 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 make Arctic Blue's defective performance conform to the Agreement;
   • reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to a limitation of the direct damage as referred to in these general terms and conditions.
4. If, notwithstanding the provisions of the previous paragraphs of this article, any liability for direct damage should rest with Arctic Blue, this liability shall be limited to repair or replacement of the Products to which Arctic Blue's liability relates. If repair or replacement is not possible or does not provide full compensation for the Customer, Arctic Blue's liability shall be limited to once the invoice value of the Agreement, or at least that part of the Agreement to which the liability relates, on the understanding that Arctic Blue's liability is in any case at all times limited to at most the amount actually paid out in the case in question under the liability insurance taken out by Arctic Blue, plus any excess (deductible) of Arctic Blue applicable under that insurance.
5. In the context of a consumer purchase, the limitations of this article do not extend further than is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
6. The Customer indemnifies Arctic Blue against any claims from third parties who suffer damage in connection with the performance of the Agreement and whose cause is attributable to parties other than Arctic Blue. If Arctic Blue should be held liable by third parties on that basis, the Customer is obliged to assist Arctic Blue both out of court and in court and to do everything without delay that may reasonably be expected of him in that case. Should the Customer fail to take adequate measures, Arctic Blue is entitled, without notice of default, to do so itself. All costs and damage on the part of Arctic Blue and third parties arising as a result shall be entirely at the expense and risk of the Customer.