Terms & Conditions of Sale
1. General
These Terms & Conditions of Sale ("Terms") apply to all quotations, orders, sales and deliveries of products by Elev8 Hydration Hydration ("Elev8 Hydration", "we", "us", or "our"), registered with the Dutch Chamber of Commerce (KVK) under number 42052603.
By placing an order with Elev8 Hydration, the customer ("Customer", "you", or "your") agrees to these Terms.
These Terms apply unless expressly agreed otherwise in writing by Elev8 Hydration.
2. Products
Elev8 Hydration sells electrolyte products, including electrolyte sachets and related hydration products.
All products are supplied in accordance with the product specifications, packaging and labelling applicable at the time of sale.
Customers are responsible for ensuring that products are used, stored and handled in accordance with the instructions, storage conditions and information provided on the product packaging.
Product images, descriptions, colours and other promotional materials are intended to provide a general representation of the products. Minor variations in appearance, packaging or presentation do not constitute a defect where they do not materially affect the product.
3. Orders
Orders may be placed through the channels made available by Elev8 Hydration, including direct orders, email, wholesale platforms or other agreed sales channels.
An order becomes binding once it has been accepted and confirmed by Elev8 Hydration.
Elev8 Hydration reserves the right to refuse or cancel an order where there is a reasonable basis to do so, including where products are unavailable, pricing or product information contains an obvious error, or the Customer has outstanding unpaid invoices.
For custom, personalised or specially produced orders, cancellation may not be possible once production has commenced.
4. Prices
All prices are stated in euros unless otherwise agreed.
Unless explicitly stated otherwise, prices quoted to business customers are exclusive of VAT, delivery charges and any other applicable taxes or costs.
Elev8 Hydration reserves the right to change its prices. Price changes will not affect orders that have already been confirmed by Elev8 Hydration, unless otherwise agreed.
Any discounts, promotions or special commercial terms must be agreed in writing and may be subject to specific conditions.
5. Payment
Unless otherwise agreed in writing, invoices are payable within the payment period stated on the invoice.
Elev8 Hydration may require payment in advance for new customers, custom orders, large orders or where there is a history of late payment.
If payment is not received by the due date, Elev8 Hydration may suspend further deliveries or orders until all outstanding amounts have been paid.
Where permitted by law, Elev8 Hydration may charge statutory commercial interest and reasonable collection costs on overdue amounts.
The Customer may not offset or suspend payment of an invoice unless this is legally permitted and agreed with Elev8 Hydration in writing.
6. Delivery
Elev8 Hydration will make reasonable efforts to deliver products within the agreed delivery period.
Any delivery dates provided by Elev8 Hydration are estimates unless a specific delivery date has expressly been agreed in writing.
Delivery times may be affected by circumstances outside Elev8 Hydration's reasonable control, including supplier delays, transport disruptions, customs delays, strikes, shortages or other force majeure events.
Unless otherwise agreed, delivery will be made to the address provided by the Customer when placing the order.
The Customer is responsible for ensuring that the delivery address and contact details provided are accurate.
7. Transfer of Risk and Ownership
The risk in the products passes to the Customer upon delivery, unless otherwise agreed in writing or required by applicable law.
Ownership of the products remains with Elev8 Hydration until Elev8 Hydration has received full payment of all amounts due in relation to those products and, where applicable, other outstanding amounts owed by the Customer.
Until ownership has transferred, the Customer may not sell, pledge or otherwise encumber the products except in the ordinary course of its business.
8. Inspection and Claims
The Customer must inspect the products as soon as reasonably possible after delivery.
Any visible shortage, damage or incorrect delivery should be reported to Elev8 Hydration in writing within 5 business days of delivery, including relevant photographs and order details.
Claims relating to defects that could not reasonably have been identified upon delivery must be reported to Elev8 Hydration within a reasonable period after discovery.
Where a claim is accepted, Elev8 Hydration may, at its discretion and subject to applicable law, replace the affected products, issue a credit or refund, or provide another appropriate remedy.
Products should not be returned without prior written approval from Elev8 Hydration.
9. Product Complaints and Safety
Any complaint concerning product quality, safety, packaging, labelling or an adverse reaction should be reported to Elev8 Hydration as soon as possible, together with the relevant product name, batch/lot number, purchase details and a description of the issue.
Customers must not alter, relabel, repackage or otherwise modify Elev8 Hydration products without Elev8 Hydration's prior written approval and without ensuring compliance with all applicable laws and regulations.
Where a product recall, withdrawal or other corrective action is required, Customers agree to reasonably cooperate with Elev8 Hydration.
10. Resale
Business Customers may resell Elev8 Hydration products provided that:
the products remain in their original packaging;
product labels, instructions and legally required information are not removed or altered;
products are stored in accordance with the applicable storage instructions;
Customers do not make unauthorised health, nutritional or other claims about the products; and
the resale complies with all applicable Dutch and EU laws and regulations.
Customers are responsible for ensuring that any marketing or promotional claims they make about Elev8 Hydration products are lawful and accurate.
11. Returns and Cancellation
Because Elev8 Hydration primarily supplies products to business customers, orders may not be cancelled or returned unless agreed in writing by Elev8 Hydration or where required by applicable law.
Products that have been specially produced, personalised or ordered specifically for a Customer may not be eligible for cancellation or return.
Where Elev8 Hydration agrees to accept a return, the Customer may be responsible for the associated return and handling costs unless the return concerns a confirmed defect or incorrect delivery attributable to Elev8 Hydration.
12. Liability
To the fullest extent permitted by applicable law, Elev8 Hydration shall not be liable for indirect, incidental, consequential or special damages, including loss of profit, loss of revenue, loss of business or reputational damage.
Elev8 Hydration's liability for any individual order shall, to the extent permitted by law, be limited to the amount paid by the Customer for the products giving rise to the claim.
The limitations in this section do not apply where liability cannot legally be excluded or limited under applicable Dutch law, including in cases of intentional misconduct or gross negligence where applicable.
13. Force Majeure
Elev8 Hydration shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.
Such circumstances may include, but are not limited to, supplier failures, production interruptions, shortages of raw materials, transport disruptions, strikes, governmental measures, natural disasters, pandemics, fire, power outages or other events beyond Elev8 Hydration's reasonable control.
If a force majeure event continues for an extended period, Elev8 Hydration and the Customer may discuss an appropriate solution, including cancellation of the affected order where appropriate.
14. Intellectual Property
All trademarks, logos, product names, packaging designs, photographs, text, graphics and other intellectual property relating to Elev8 Hydration remain the property of Elev8 Hydration or its respective licensors.
Customers may use approved Elev8 Hydration marketing materials solely for the purpose of promoting and reselling Elev8 Hydration products.
No intellectual property rights are transferred to the Customer through the purchase of products.
15. Confidentiality
Where Customers receive confidential commercial information from Elev8 Hydration, including pricing, product development information, business plans or other non-public information, such information must be treated as confidential and may not be disclosed to third parties without Elev8 Hydration's prior written consent, except where disclosure is required by law.
16. Personal Data
Elev8 Hydration processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR).
Personal data may be processed for purposes including order processing, delivery, invoicing, customer communication and the management of the business relationship.
Further information regarding the processing of personal data may be provided in Elev8 Hydration's Privacy Policy.
17. Applicable Law
These Terms and all agreements between Elev8 Hydration and the Customer are governed by Dutch law (Nederlands recht).
Any disputes arising from or relating to these Terms or an agreement between Elev8 Hydration and the Customer shall, to the extent permitted by applicable law, be submitted to the competent court in the Netherlands.
18. Changes to These Terms
Elev8 Hydration reserves the right to amend these Terms from time to time.
The version applicable to an order will generally be the version in force at the time the order is accepted, unless otherwise agreed or required by law.
19. Severability
If any provision of these Terms is found to be invalid, unenforceable or contrary to applicable law, the remaining provisions will remain in full force and effect.
Elev8 Hydration and the Customer will seek to replace the affected provision with a valid provision that most closely reflects the original intention.
20. Contact
For questions regarding these Terms, orders, products or complaints, please contact:
Elev8 Hydration
KVK: 42052603
Email: elev8electrolytes@gmail.com
Website: elev8electrolytes.com