Terms & Conditions

Terms and Conditions

Identity of the entrepreneur
DeMey88 is part of the following company:
Berry de Mey Nutrition B.V.
Grote Esch 628, 2841 MJ Moordrecht, The Netherlands)
Email address: info@demey88.com
Chamber of Commerce: 51277964
Tax identification number: NL823187974B01

Terms and conditions
This document sets out the Terms and conditions (“Terms”) of DeMey88.com  and the DeMey88 web shop (the “Site”). This Site is operated by DeMey88 (“we”, “us”, “our”). By accessing this Site, you agree to be bound by the Terms & Conditions. Before using this Site, you should read the Terms carefully, as well as our Privacy Policy (“Privacy Policy”).

1. Health and exercise disclaimers - DeMey88 advise that you consult with your physician before you begin any exercise program or make any changes to your diet. You should be in good physical condition and be able to participate in any exercise.

Although we use qualified trainers, DeMey88 is not a licensed medical care provider or dietitian and represents that it has no expertise in diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. Achieving or maintaining your fitness goals is not guaranteed and results are subject to individual compliance and variation.

You should understand that when participating in any exercise, fitness plan or diet plan, there is a possibility of physical injury or impact on your health. If you engage in this exercise, fitness plan or diet plan, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself or impact on your health, and agree to release and discharge DeMey88 and its associates from any and all claims or causes of action, known or unknown, arising out of negligence of DeMey88 or its associates.

All exercises and other forms of physical activity can be dangerous, especially if performed without medical advice, proper supervision and/or pre-exercise evaluation. The videos, techniques, ideas and exercise suggestions presented in DeMey88 products are not intended to be medical training advice.
Always consult your physician or health care professional before performing any exercise or making changes to your diet, especially if you have any chronic or recurring condition, and/or if you are pregnant, nursing, or elderly.

All exercises you perform or changes to your diet that you make are your own responsibility and at your own risk. The editors, authors and/or publishers of DeMey88 products make no warranty of any kind in regard to the contents of these products, including, but not limited to, any implied warranties of merchantability or fitness for any particular purpose.

The editors, authors and/or publishers of this product are not liable or responsible to any person or entity for any errors contained in this product, or for any special, incidental, or consequential damage caused or alleged to be caused directly or indirectly by the information contained within.
None of the techniques, exercises or diets presented by DeMey88 products are intended for persons under 16 years of age.

2. Accuracy and availability of information - While we use reasonable efforts to include accurate and up to date information in the Site, We make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site. Contact info@DeMey88.com if you believe any information is incorrectly reported. Response times by coaches to emails, mobile contact, or skype is not garanteed and is variable to the coach you choose.
We reserve the right, at our absolute discretion, to add, revise or remove any content or information without notice.

3. Your use of this website - Your use of and browsing in the Site are at your risk. Neither We nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Other than for your own personal use or internal business purposes, you may not without our prior written consent:

-Copy, reproduce, use or otherwise deal with any content on the Site
-Modify, distribute or re-post any content on the Site for any purpose
-Reproduce, crawl, frame, link to or deep-link into this Site on or from any other website
-Use the content of the Site for any commercial exploitation whatsoever.

Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Us or Our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products/services using such information. We have not reviewed all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

You agree that no submissions provided by you to the Site will violate any right of any third party, including, without limitation copyright, trade mark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for any submissions you make.

Whilst We take every care to ensure that no defamatory, offensive, indecent or other sensitive material appears on this Site, we must emphasis that you enter the Site at your own risk.

You agree, through your use of both the public and private parts of this Site, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law. Legal actions can be taken against you. You also agree not to post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate to this forum.

It is impossible for Us to confirm the validity of content from users. Comments and forums are un-moderated and although We do actively monitor contributions from users, We are not responsible for any content posted. We do not warrant the accuracy, completeness or usefulness of any information presented. The messages express the views of the author, not necessarily the views of this Site. Anyone who feels that a posted message is objectionable is encouraged to notify Us immediately. We have the rights to remove objectionable content, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. This policy goes for member profile information as well.

You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Site. We also reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you.
It is your responsibility to present clean and accurate information with regard to your user details. Any information we deem inaccurate or vulgar will be removed.
Please note that with each contribution you post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. We reserve the right to ban any user from the Site.

4.PRICES – Prices are subject to change at any time.

5.TERMS OF PAYMENT – Payment must be received in full before any products will be dispatched. Payment must clear into our bank facility before any item is dispatched. You may be contacted if your payment fails our security check and this failure will delay the dispatch further.

6.TITLE - Title to the goods does not pass to the purchaser until the goods have been paid for in full.

7.VAT - All prices listed are inclusive of VAT. "Prices include VAT”, applies to EU countries. DAP (delivery at place) applies to all other countries. Meaning local import duties and VAT can be applicable to countries outside the EU.

8.DAMAGE OR SHORTAGE - Notification of damage or shortages must be made to DeMey88 as soon as possible and certainly within 7 days of receipt of goods. Notification of non-delivery must be made within 14 days of invoice date.

9.AVAILABILITY - All goods offered are subject to availability.

10.RETURNS – We are happy to accept products that are returned in the exact same condition they were dispatched. If the product is not returned in its dispatched state, we cannot offer a refund.

11.CONFIRMATION OF CONTRACT – A confirmation e-mail will be sent upon acceptance of a contract of sale. This is only possible when a valid e-mail has been submitted with your order. Should you fail to receive a ‘Confirmation of Order’ e-mail after submitting your order please email info@DeMey88.com quoting as much information as possible about your order and we will endeavour to reply to you within a short space of time.

12.ITEMS OUT OF STOCK – Should an item be out of stock we will email you to ask if you wish to wait for the estimated time of arrival or wish to cancel your order.

13. COSTS IN CASE OF WITHDRAWAL
a- Should you wish to cancel your order or return your delivery, at most the delivery costs will be charged.
b- If you have already made payment, DeMey88 will refund your payment as soon as possible, and never later than 30 days after you have cancelled the order or returned the item(s).

14. DELIVERY AND IMPLEMENTATION
a- We will strive to provide the utmost diligence in the acceptance and implementation of orders and in assessing applications for the provision of services.
b- The place of delivery will be the address that the consumer has given as shipping address.

c- Subject to Article 6 of these general conditions, we will carry out accepted orders promptly but not later than within 30 days, unless a longer delivery has been agreed upon.  If a delivery is delayed or if an order cannot, or only partially, be carried out, you will receive notice as soon as possible, but at least within a month after the order was placed. In this case you have the right to terminate the contract without penalty and might be entitled to compensation.

d- In case of termination in accordance with the preceding paragraph, we will refund the amount that you have paid as soon as possible but no later than 30 days after termination.

e- If delivery of an ordered item proves impossible, we will endeavor to offer you a replacement item. Before or on the actual delivery it will be explained to you in a clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal will be unaltered. The cost of return shipment will be borne by DeMey88.

f- The risk of damage and /or loss of sent items is at our expense, up until the moment of delivery, unless otherwise agreed.

Please contact info@DeMey88.com with any questions regarding the above information.