Terms and Conditions

These Terms and Conditions apply on the sales of products, sold by Shake2Day / Maas-Intersales to you. We offer you a large variety of products and in many cases, additional terms and conditions apply. Read these Terms and Conditions carefully before ordering products from Shake2Day. By placing an order you agree to the fact that these Terms and Conditions apply on your order.

 

1 THE AGREEMENT

Your order is an offer for Shake2Day to agree on a purchase agreement. When you place an order at Shake2Day, you will receive an e-mail from us as confirmation, containing the data concerning your order (order confirmation). This order confirmation is not an agreement to your offer but only serves the purposes of notifying that your order has been received by us. A purchase agreement is only established when we shipped the ordered product to you and this shipment is confirmed by a second e-mail (shipping confirmation). In case your order is shipped to you in multiple packages, it is possible you receive separate shipping confirmations for each of them. For each shipping confirmation a respective purchase agreement will be made with respect to the products found in the aforementioned shipping confirmation. The other party in this agreement is Shake2Day. You can cancel your order without paying any additional costs, as long as you do so before you receive the respective shipping confirmation, regardless of your right of withdrawal in accordance to article 2.

We would like to point out that all products are only sold in quantities suitable for retail purposes. This concerns both amounts of ordered products, and multiple orders of the same product, of which the separate orders are of sizes to be used for retail purposes.`

2 STATUTORY WARRANTY LAW

Customers inside of the European Union have a warranty during the first 6 months after delivery of the goods and have a right of replacements for products bought at Shake2Day, in case they are defective or do not fit their description. In case the products can not be replaced within a reasonable time or can not be consumed without complications, you are entitled to a refund or a discount on the original price.

 

3 PRICES

All prices are sales tax inclusive.

Despite our greatest efforts, it is possible that our webshop displays wrong prices for certain products. We check these prices whenever we process your order.  When a wrong price is listed for a product and the original price is higher than the one on the website, we will contact you before sending your order as to assess whether you want buy the product for the correct price or cancel the order. In case the correct price is lower than the price displayed on the website, we will use the lowest price and sent your order.

 

We can, in our approval, design promotion codes that can be exchanged for account credit or other functionalities or advantages with regard to our own products and/or products or services of extern suppliers, subject to additional terms and conditions that Shake2Day will state per separate promotion code. You agree that the promotion codes: (i) should be used for the target group and the set goal, in a justified manner; (ii) should not be duplicated, sold or passed on in any way whatsoever, or be made available to the general public (neither in public form, nor any other), expect when explicitly approved by Shake2Day; (iii) can be deactivated on any moment by Shake2Day for whatever reason and without liability for Shake2Day.; (iv) should only be used in accordance with the specific conditions as composed by Shake2Day for such promotion codes; (v) can not be exchanged into cash; and (vi) can not expire before your usage.  Shake2Day reserves the right to withhold credit or other functionalities or advantages obtained through the usage of promotion codes by you or another user when Shake2Day concludes or has the feeling that the usage or exchange is fraudulous, illegal or in breach with the applicable conditions about promotion codes or these terms and conditions.

 

4 SUBSCRIPTION / REGISTRATION POLICY

Monthly Productsubscription

Your monthly subscription for Shake2Day products will be renewed when Shake2Day confirms your payment and will last thirty days. When you buy a monthly subscription, this will be automatically updated in your Shake2Day Account. At the end of the monthly subscription period, you will be automatically re-subscripted en gefactureerd for an extra subscription term of thirty days. If you do not wish your subscription to be renewed automatically, you can always cancel it before the end of your current subscription term. The subscription should be used for a period of at least 3 months. After this, it can be cancelled. You can do this on your account page.

Prices

Subscription prices can be subject to change. New prices will be constituted when your subscription is renewed. We will notify you beforehand in case of such a change.

Flavors

We always want to deliver the flavor you ordered to you. In the unlikely event of a flavor not being in stock, it will be replaced or, when no other options are available, we will grant you the possibility to ask for a refund or bags of another flavor.

 

5 WARRANTY ON PRODUCTS SOLD BY SHAKE2DAY AND EXCLUSION OF LIABILITY

Customers inside of the European Union have a warranty during the first 6 months after delivery of the goods and have a right of replacements for products bought at Shake2Day, in case they are defective or do not fit their description. In case the products can not be replaced within a reasonable time or can not be consumed without complications, you are entitled to a refund or a discount on the original price.

The customer is obliged to send back the first delivered order to the supplier within 30 days. The defective goods should be returned in accordance to legal prescriptions. Shake2Day reserves the right to claim compensation in accordance with legal conditions.

Used (or opened) goods do not fall under the warranty.

For further information concerning the terms we refer you to our returning policy. All responsibility of Jake is limited to (i) damage that is the consequence of bad handling by Shake2Day; (ii) claims that can not be excluded in accordance to the applicable mandatory consumer law; or (iii) for as far as limitation is allowed, as far as this limitation.

The same limitation of responsibility that applies for Shake2Day, also applies for the responsibility of employees, representatives and auxiliary personnel.

 

5 APPLICABLE LAW

Dutch law applies, except for the Vienna Convention (CISG). Agreed to is the non-exclusive jurisdiction of law in the Netherlands. This means that you can submit claims, related to these Terms and Conditions that result from the norms and values of consumer protection, in both the Netherlands and the EU-country you live in.

 

6 CHANGES OF THE TERMS AND CONDITIONS

We reserve our rights to at all times change our website, arrangements and conditions, including these Terms and Conditions. However, the Terms and Conditions and contractual conditions that apply to your order, are the ones that were in effect during the time of your purchase, as long as a change of these conditions is not obliged by law (in that case they also apply to purchases that you made earlier). If an arrangement in these Terms and Conditions is invalid, void or for any reason not executable, these Terms and Conditions are violable and they do not influence the validity and executability of furthers arrangements.

 

7 NO RELINQUISHMENT

When you violate these Terms and Conditions and we do not undertake actions against this, we are still authorized to make use of our rights when another instance of violation occurs.

 

8 MINORS

We do not offer products to minors. Our products can only be purchased by adults. In case you are younger than 16, you can only make use of Shake2Day with collaboration of an adult.

 

9 OUR CONTACT DETAILS

Shake2Day / Maas-Intersales
Kerkhofstraat 21
5554HG, Valkenswaard
The Netherlands

Chamber of Commerce: 62666061
VAT NL: NL1660.73.167 B03
ING Bank: NL60 INGB 006 7943 72
Swiftcode: INGBNL2A