Welcome to our Terms & Conditions page. By making purchases or using our online store, you agree to comply with the following terms and conditions. This page outlines the rules and guidelines for shopping with us, including your rights, responsibilities, and our policies on orders, payments, shipping, and returns. Please take a moment to review these terms before completing any transactions. If you have any questions, feel free to reach out to us.
Company Details
Happy Caps is owned and operated by Mojo Nutrition BV.
- Company Name: MOJO Nutrition
- Trade Name(s): Happy Caps
- Chamber of Commerce: 96960701
- Tax ID: NL867851429B01
- Address: Arnhemseweg 55A, 7331 BB, Apeldoorn, The Netherlands
- Email: info@happy-caps.com
The Terms
By using www.happy-caps.com and placing orders for our services and products, you agree to the following terms:
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
- Reflection Period: the period within which the consumer may exercise their right of withdrawal; (Reflection Period)
- Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance agreement with the entrepreneur;
- Day: calendar day;
- Long-term Transaction: a distance agreement concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
- Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
- Right of Withdrawal: the option for the consumer to withdraw from the distance agreement within the reflection period;
- Model Withdrawal Form: the model form for withdrawal made available by the entrepreneur that the consumer can use if they wish to exercise their right of withdrawal;
- Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
- Distance Agreement: an agreement concluded within the framework of an organized system for remote sales of products and/or services without the simultaneous physical presence of the entrepreneur and consumer, using one or more remote communication techniques;
- Remote Communication Technique: a means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space;
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Happy Caps BV
Netherlands
E: info@happy-caps.com
Chamber of Commerce (KVK): 96960701
VAT Number: NL856899859B01
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order between the entrepreneur 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, prior to concluding the distance agreement, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance agreement is concluded electronically, contrary to the previous paragraph, and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is not reasonably possible, it will be indicated before concluding the distance agreement where 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.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement as soon as possible by a provision that approximates the intent of the original as much as possible.
Situations not regulated by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of these general terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.
Note: We are not responsible for any customs duties or taxes that may apply. It is the buyer’s responsibility to ensure that the products are legal in the receiving country.
Article 4 – The Offer
If an offer has a limited validity period or is made under conditions, this shall be explicitly stated in the offer.The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.Images of products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns, in particular: the price including taxes; any shipping costs; the manner in which the agreement will be concluded and what actions are required for that; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the level of the tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer; the way the consumer can check and, if necessary, correct the information provided by them under the agreement; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the case of a long-term transaction.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within the framework of the law, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the execution.
The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, along with the product or service: the physical address of the entrepreneur’s business where the consumer can lodge complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; information about warranties and existing after-sales service; the information included in Article 4, paragraph 3 of these conditions unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
For delivery of products:
When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer (other than the carrier), has received the product.
During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they shall return the product with all delivered accessories, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. Notification must be made using the model withdrawal form or by other means, such as by email. After notification of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.
If, after the periods referred to in paragraphs 2 and 3, the consumer has not notified the entrepreneur of the wish to exercise the right of withdrawal and/or has not returned the product, the purchase is considered final. For delivery of services: For services, the consumer has the right to dissolve the agreement without providing reasons for a minimum period of 14 days, starting on the day the agreement is concluded. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, they shall bear no more than the cost of returning the product. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, the entrepreneur may wait with reimbursement until they have received the product back or the consumer has provided proof of return, whichever occurs first. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another method. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal prior to the conclusion of the purchase agreement.
For questions or clarifications, please contact us at info@happy-caps.com.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for the products and services described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur clearly stated this in the offer or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products: that are made to the consumer’s specifications; that are clearly personal in nature;that by their nature cannot be returned;that spoil or age quickly;whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;for newspapers and magazines sold individually;for audio and video recordings and computer software whose seal has been broken by the consumer;for hygienic products whose seal has been broken by the consumer.Exclusion of the right of withdrawal is only possible for services:concerning accommodation, transportation, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;which have commenced with the express consent of the consumer before the reflection period has expired;concerning betting and lotteries.
Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: they are the result of legal regulations or provisions; or the consumer has the authority to terminate the agreement from the day the price increase takes effect. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery of the defect. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if: the consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or on the packaging; the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.
Article 12 – Long-term Transactions: Duration, Termination, and Renewal
Termination. The consumer may terminate an agreement concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month. The consumer may terminate an agreement concluded for a definite period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the definite period, observing the agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; at least in the same manner as they were concluded by the consumer; always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
A contract concluded for a definite period and involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration. Notwithstanding the previous paragraph, a contract concluded for a definite period and involving the regular delivery of daily newspapers, news, and weekly magazines may be tacitly extended for a maximum of three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month. A contract concluded for a definite period and involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract involves the regular, but less than once a month, delivery of daily newspapers, news, and weekly magazines. A fixed-term agreement for the regular supply of daily newspapers, news, and weekly magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
Duration,
if a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details immediately to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the previously communicated reasonable costs to the consumer.
Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. For complaints, the consumer should first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints are not resolved by mutual agreement, the consumer should contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check if the webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ If no solution is reached, the consumer has the possibility to submit the complaint to the independent disputes committee appointed by WebwinkelKeur, whose decision is binding and both the entrepreneur and consumer agree to this binding decision. Costs are associated with submitting a dispute to this committee, which the consumer must pay. Complaints can also be submitted via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at their discretion.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.
The Vienna Sales Convention (CISG) does not apply.
Article 16 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s disadvantage and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 17 - Copyright and Use
All content, including illustrations, texts, and logos on our website, is copyrighted. Commercial use of our content is prohibited without written permission from Happy Caps.
© All rights reserved, Happy Caps, by MOJO Nutrition.