General Terms and Conditions

Article 1. Definitions

In these General Terms and Conditions, the following terms, always indicated with a capital letter, are used with the following meanings.

Arctic Blue : Arctic Blue Omega BV, the user of these general terms and conditions, established at Prinses Irenelaan 200, 3554 HH Utrecht, registered in the Commercial Register under Chamber of Commerce number 62567128.
Customer: any natural or legal person with whom Arctic Blue has concluded or intends to conclude an Agreement.
Consumer: a Customer, a natural person, not acting in the exercise of a profession or business.
Parties: Arctic Blue and the Customer jointly.
Agreement: any agreement concluded between the Parties by means of the website www.arctic-blue.com in the context of which Arctic Blue has undertaken towards the Customer to deliver Products.
Subscription: an Agreement that provides for the regular delivery of Products.
Products: the within the framework of an Agreement by Arctic Blue goods to be delivered to the Customer, which may include, but are not limited to, fish and algae oils, Fish collagen and Omega-3 self-tests.
Written: communication in writing, communication by e-mail, WhatsApp or any other method of communication that, in view of the state of the art and prevailing views in society, can be equated with this.

Article 2. General provisions

These general terms and conditions apply to every offer of Arctic Blue , every Agreement and all legal relationships arising therefrom between the parties.
Any general terms and conditions of the Customer do not apply to the Agreement.
The provisions of these general terms and conditions may only be deviated from expressly and in writing. If and to the extent that which the Parties have expressly and in writing agreed upon deviates from the provisions of these general terms and conditions, what the Parties have expressly and in writing agreed upon shall apply.
The annulment or invalidity of one or more of the provisions of these General Terms and Conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement regarding the affected provision. In doing so, the purpose and intent of the original provision shall be taken into account as much as possible.

Article 3. Offer and conclusion of the agreement

Every offer of 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 payment by the Customer has already been made in that case, will Arctic Blue arrange for repayment as soon as possible.
Each Agreement shall be concluded, without prejudice to the provisions of paragraph 1, at the moment the order has been completed and sent by the Customer. Subsequently, the order shall be confirmed to the Customer by email as soon as possible, without prejudice to the provisions of paragraph 1.

Article 4. 100% No-Burping Guarantee

If the Customer is dissatisfied with the by Arctic Blue delivered supplements containing omega-3 fatty acids, the Customer is entitled to dissolve the Agreement, provided that the Customer notifies the Customer thereof by e-mail within 60 days after receipt of the Products Arctic Blue has done with the request to receive a free shipping label.
The Customer must return the unconsumed supplements to which the dissolution relates in the original packaging within seven days of receipt of the free shipping label to Arctic Blue to return, preferably stating the reasons. The sales price paid by the Customer for the relevant supplements will be refunded by Arctic Blue refunded of the supplements not yet consumed, provided that the Customer has not opened more than one package of the supplement in question; the Customer is deemed to be able to assess whether he is satisfied with the supplement based on one package. If the Customer has opened multiple packages of the supplement, Arctic Blue entitled to claim payment for the excess.
With regard to the same supplement (of a specific flavor), the Customer may invoke the satisfaction guarantee of this article only once.
The provisions of this article shall not affect the provisions of Article 5.

Article 5. Right of withdrawal for consumers

The Consumer may revoke the Agreement without giving 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 revoke 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 in accordance with the provisions of the following paragraph.
The Consumer has, without prejudice to the grounds otherwise excluded pursuant to Section 6.5.2B of the Dutch Civil Code, no right of withdrawal in the case of the delivery of supplements or other Products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
The Consumer may exercise his right of withdrawal by doing so by e-mail or by using the by Arctic Blue offered model withdrawal form, to submit a request to Arctic Blue As soon as possible after Arctic Blue has been notified of the Consumer's intention to revoke the Agreement and if the conditions of this article have been met, will Arctic Blue confirm the withdrawal of the Agreement by email, providing a free shipping label.
The Consumer must handle the Products and their packaging with care during the 14-day cooling-off period. The Consumer may only handle and inspect the Products to be returned to the extent permitted in a physical store.
If the Consumer exercises the right of withdrawal, he shall return the Products to be returned undamaged, with all accessories supplied and in their original condition and packaging to Arctic Blue return
The Consumer is liable for any decrease in value of the Products resulting from handling the Products in a manner that goes beyond what is permitted pursuant to paragraph 4. Arctic Blue is entitled to charge this reduction in value to the Consumer, whether or not by offsetting this reduction in value against any payment already received from the Consumer.
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 the Products shall be borne by Arctic Blue , provided that the Consumer has used the free shipping label of Arctic Blue .
Arctic Blue shall refund to the Consumer any payment already received from the Consumer, minus any depreciation in value as referred to in paragraph 6, as soon as possible, but no later than within 14 days after withdrawal of the Agreement, provided that the Products by Arctic Blue have been received back, or the Consumer has demonstrated that the Products have actually been returned. If the right of withdrawal is exercised only with respect to a part of the order, any delivery costs initially paid by the Consumer shall not be eligible for reimbursement.

Article 6. Delivery of the products

The delivery of Products takes place by delivery thereof to the delivery address specified by the Customer. If no delivery address is specified, the billing address applies as the delivery address.
In the event of exceeding the agreed delivery period, the Customer shall never be entitled to refuse to take delivery of the Products and to fulfill its other obligations under the Agreement.
If Arctic Blue If the Customer incurs additional costs as a result of a circumstance attributable to the Customer, for example in connection with multiple delivery attempts, these costs shall be borne additionally by the Customer.

Article 7. Duration and cancellation of subscriptions

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

Article 8. Delivery periods

Arctic Blue endeavors to meet any delivery periods agreed upon between the Parties. However, these periods are to be regarded solely as indicative, non-binding deadlines. The failure of Arctic Blue does not take effect until after the Customer Arctic Blue Has given written notice of default, in which notice of default a reasonable period is stated within which Arctic Blue can still fulfill his obligation and fulfillment thereof has still not occurred after the expiration of the latter period.
Absenteeism Arctic Blue grants the Customer the right to dissolve that part of the Agreement to which the default relates, but never the right to compensatory or additional damages.

Article 9. Complaints

The provisions of the following paragraphs of this article shall not affect the provisions of Articles 4 and 5.
If, in the Customer's opinion, the nature and/or quantity of the Products do not conform to the Agreement or the Products are not free from transport damage, the Customer must notify the Customer thereof in writing within three days after delivery, stating precisely the grounds on which the complaint is based. Arctic Blue .
Complaints regarding defects that were not reasonably visible or otherwise not ascertainable at the time of delivery of the Products must be submitted in writing, within three days after the Customer became aware of the existence of the defect, or could reasonably have become aware of it, with a precise statement of the grounds on which the complaint is based. Arctic Blue to have been submitted.
Notwithstanding the provisions of the preceding paragraphs of this article, a Consumer may no longer invoke the fact that what has been delivered in the context of a consumer purchase does not conform to the Agreement if, within two months after discovery of the defect, the Consumer has not [made] a complaint regarding the matter with Arctic Blue a complaint has been filed.
If the Customer fails to complain in a timely manner and in accordance with the provisions of the preceding paragraphs, it shall follow for Arctic Blue No obligation whatsoever arises from such a complaint by the Customer.
Even if the Customer complains in a timely manner, his obligation to make timely payment remains with Arctic Blue exist, except insofar as the law mandatorily prevents this for the benefit of the Consumer.
If a consumer's complaint cannot be resolved through mutual agreement, the consumer may submit the dispute to the dispute resolution committee via the ODR platform (ec.europa.eu/consumers/odr/).

Article 10. Conformity

Arctic Blue warrants that the Products conform to the Agreement and thus meet the expectations that the Customer may reasonably have of the Products (conformity).
A claim based on non-conformity shall in any event lapse if a defect in the delivered Product is the result of a cause originating from outside after delivery or another cause not attributable to Arctic Blue attributable circumstance. This includes, but is not limited to, defects resulting from external damage, natural spoilage, improper or improper storage or handling.
In the event that the Customer makes a valid claim of non-conformity, the Customer is entitled to replacement or supplementation of the missing items. If repair or supplementation of the missing items is not possible, the Customer is entitled to a refund of the price paid by the Customer for the Products in question. Arctic Blue has paid.
Products may, subject to the provisions of Articles 4 and 5, never without the prior written permission of Arctic Blue be returned.

Article 11. Force Majeure

Arctic Blue is not obliged to fulfill any obligation under the Agreement if and for as long as he is hindered in doing so by a circumstance that cannot be attributed to him pursuant to the law, a legal act, or generally accepted views in society (force majeure).
If the force majeure situation renders performance of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect and without judicial intervention.
If Arctic Blue If, upon the occurrence of the force majeure situation, he has already partially fulfilled his delivery obligations, or can only partially fulfill his delivery obligations, he is entitled to invoice the already delivered part, or the part still deliverable, of the Agreement separately as if it were an independent Agreement.
Damage resulting from force majeure shall never be eligible for compensation, without prejudice to the application of the preceding paragraph.

Article 12. Suspension and dissolution

Arctic Blue is authorized, if the circumstances of the case reasonably justify it, 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 fails to fulfill its obligations under the Agreement, or fails to do so in a timely or complete manner, or after the conclusion of the Agreement Arctic Blue circumstances that have come to the attention give good grounds to fear that the Customer will not fulfill its obligations. If the fulfillment of the Customer's obligations in respect of which it is in default or threatens to be in default is not permanently impossible, the right to dissolve the contract shall only arise after the Customer has been notified in writing by Arctic Blue has been put in default, in which notice a reasonable period is stated within which the Customer can (still) fulfill its obligations, and fulfillment has still not occurred after the expiration of the latter period.
If the Customer is in a state of bankruptcy, his business is being liquidated, he has applied for (provisional) suspension of payments, any attachment has been placed on his goods, or in cases where the Customer is otherwise unable to freely dispose of his assets, is Arctic Blue entitled to dissolve the Agreement in whole or in part with immediate effect and without judicial intervention.
The Customer shall never be entitled to any form of compensation in connection with the by Arctic Blue right of suspension or dissolution exercised pursuant to this article.
The Customer is obliged to pay the damage that Arctic Blue suffers as a result of the suspension or dissolution of the Agreement, to compensate.
If Arctic Blue If the Agreement is dissolved pursuant to this article, all claims against the Customer shall become immediately due and payable.

Article 13. Delivery costs & payments

Delivery is free of charge for orders exceeding €30 (incl. VAT). Before the Agreement is concluded, the total price or periodic price of the Subscription will be stated, including VAT and any delivery costs.
Payment must be made at one of the locations designated for that purpose by Arctic Blue designated payment methods. In the case of bank transfer, Arctic Blue a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases.
Arctic Blue is entitled to make any invoices to be issued to the Customer available to him exclusively by e-mail.
If timely payment is not made, the Customer shall be in default by operation of law. From the day the Customer is in default, the Customer shall owe interest of 2% per month on the outstanding amount, whereby a part of a month shall be considered a full month. Notwithstanding the preceding sentence, statutory interest shall apply instead of the contractual interest referred to therein if the Customer acts in the capacity of a Consumer.
All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred in obtaining amounts owed by the Customer, shall be borne by the Customer.

Article 14. Liability and Indemnification

The Customer shall bear the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Customer shall bear the damage caused by any (other) failure to perform the Customer's obligations arising from the law or the Agreement, as well as damage caused by any other circumstance not attributable to Arctic Blue can be attributed.
Liability of Arctic Blue Liability is excluded for indirect damage, consequential damage, lost profits, lost savings, diminished goodwill, damage due to business interruption, damage resulting from claims by personnel or customers of the Client, mutilation or loss of data, and all other forms of damage other than those mentioned in the following paragraph, regardless of the cause.
The limitations of liability included in these general terms and conditions Arctic Blue do not apply if the damage is due to intent or willful recklessness of Arctic Blue or his supervisory subordinates. Arctic Blue is to be held liable solely for direct damage attributable to him. 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 remedy the defective performance of Arctic Blue to make it conform to the Agreement;
- reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led to a reduction of the direct damage as referred to in these general terms and conditions.
In the event that, notwithstanding the provisions of the preceding paragraphs of this article, any liability for direct damage shall be imposed Arctic Blue should rest, this liability shall be limited to repair or replacement of the Products to which the liability of Arctic Blue relates to. If repair or replacement is not possible or does not provide for full compensation for the Customer, the liability of Arctic Blue be limited to once the invoice value of the Agreement, or at least that part of the Agreement to which the liability relates, provided that the liability of Arctic Blue in any event is at all times limited to at most the amount that pursuant to the by Arctic Blue liability insurance taken out is actually paid out in the case in question, increased by any deductible of Arctic Blue that applies under that insurance.
In the context of a consumer purchase, the limitations of this article shall not extend further than is permitted pursuant to Article 7:24, paragraph 2, of the Dutch Civil Code.
The Customer indemnifies Arctic Blue of any claims by third parties who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to parties other than Arctic Blue is attributable. If Arctic Blue should be sued by third parties on that account, the Customer is obliged Arctic Blue to provide assistance both out of court and in court and to immediately do all that may reasonably be expected of him in that case. Should the Client fail to take adequate measures, then Arctic Blue , entitled to proceed thereto itself without notice of default. All costs and damages on the part of Arctic Blue and third parties arising therefrom shall be entirely for the account and risk of the Customer.