What we do

NewMedicine welcomes you to its website. NewMedicine offers packages of food supplements, catered to and focussed on the needs of its customers. Any orders purchasing food supplements can be placed on a one-off basis or on a subscription basis. In addition to the health packages, NewMedicine offers a platform on which Consumers can get in contact and book sessions with external consultants, specialised in physical and mental health coaching.

DISCLAIMER

The website offers the possibility of filling out a survey, which allows NewMedicine to indicate to you which health package might best suit you and your situation. The purchase advice resulting from this survey only serves as an indication as to which health packages might be suitable, and are under no circumstance to be regarded as a personal medical and/or dietary advice or diagnose. For medical and/or dietary advice, NewMedicine explicitly refers you to consult with a doctor, medical specialist or dietary specialist, depending on your situation.

Any Products, information and Services offered on the website of NewMedicine are aimed at supporting your health and well-being. No information found on the website or dispensed by NewMedicine or any of its employees or affiliated persons, including the health consultants available on the platform, can be regarded as medical advice or as a medical diagnosis. NewMedicine and any of its employees or affiliated persons are explicitly not allowed to give medical advice or come to a medical diagnosis. No information issued or offered by NewMedicine or any of its employees or affiliated persons, including the health consultants available on the platform, can under any circumstance be regarded as a substitute for consulting of or treatment by a doctor, medical specialist or dietary specialist, depending on the situation.

CONTENTS

Article 1  – Definitions

Article 2  – NewMedicine’s identity

Article 3  – Applicability

Article 4  – The offer

Article 5  – The agreement

Article 6  – Right of withdrawal

Article 7  – Consumer’s obligations during the reflection period

Article 8  – Exercising the Consumer’s right of withdrawal and the costs

Article 9  – NewMedicine’s obligation in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price          

Article 12 – Compliance and extra guaranty

Article 13 – Delivery and execution

Article 14 – Continuing performance contract: duration, termination and extension

Article 15 – Payment

Article 16 – Retention of title

Article 17 – Liability

Article 18 – Complaints procedure

Article 19 – Applicable law and Disputes

Article 20 – Additional or varying provisions

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. Additional agreement: an agreement in which the Consumer acquires Products, digital content and/or Services with respect to a distance agreement and these Products, digital content and/or Services are delivered to the Consumer by NewMedicine or a third party on the basis of an arrangement between this third party and NewMedicine;
2. Account: the user account of a Consumer that can be logged into on the website of NewMedicine;
3. Reflection period: the period during which the Consumer may use his right of withdrawal;
4. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
5. Day: calendar day;
6. Digital content: data produced and delivered in digital form;
7. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
8. Sustainable data carrier: any means, including email, that allow the Consumer or NewMedicine to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
9. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
10. NewMedicine: the natural or legal person who provides products, (access to) digital content and or services to Consumers at a distance;
11. Distance contract: a contract concluded by NewMedicine and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
12. Products: Packages containing food supplements, sold by NewMedicine.
13. Subscription Contract: Continuing performance contract between a Consumer and NewMedicine, by which NewMedicine delivers Products on a monthly basis against a monthly price.
14. Services: Offering and delivery of the Products, provision of information, offering and maintenance of a digital platform;
15. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and NewMedicine being together in the same place at the same time.

Article 2 – NewMedicine’s identity

Name of the company: NewMedicine

Business address: Falckstraat 45-3, 1017 VV Amsterdam

Email address: info@newmedicine.nl

Chamber of Commerce number: 91530520

VAT identification number: NL865685447B01

Article 3 – Applicability

1. These General Terms and Conditions apply to any offer from NewMedicine and to any distance contract concluded by NewMedicine and the Consumer.
2. Before concluding a distance contract, NewMedicine shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, NewMedicine shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

Article 4 – The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the Products, digital content and/or Services offered. The description is suitably detailed to enable the Consumer to assess the Products, or Services and/or digital content adequately. If NewMedicine makes use of pictures, they are truthful images of the Products and/or Services provided. Obvious errors or mistakes in the offer do not bind NewMedicine.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
4. NewMedicine reserves the right to, without advance notice, change or terminate certain Products, Services and/or digital content on offer.

Article 5 – The agreement

1. Subject to the provisions in paragraph 4, the agreement (or contract) becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, NewMedicine shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed by NewMedicine, the Consumer may repudiate the contract.
3. If the agreement is concluded electronically, NewMedicine will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, NewMedicine shall observe appropriate security measures.
4. The Consumer is obliged to provide current and truthful information to NewMedicine, insofar as this is important for the performance of the Services or the delivery of the Products. Any damages resulting from misuse of the personal Account of the Consumer caused by the Consumer granting third party access to this Account will be borne by the Consumer.
5. By concluding an agreement with NewMedicine, the Consumer warrants that;
   1. the Consumer is legally capable of entering into binding contracts;
   2. the Consumer is at least 18 years old;
   3. if the Consumer is taking any medication, that the Consumer has sought independent medical advice on whether the Products are suitable for the medical situation of the Consumer.
6. NewMedicine may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, NewMedicine has sound reasons for not concluding the agreement, NewMedicine is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
7. Before concluding a contract with a Costumer for the delivery of Products and/or Services, NewMedicine shall make available the following information on its website and by making available these general terms and conditions in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
8. the contact details of NewMedicine´s where the Consumer may get into contact with any complaints;
9. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
10. the information corresponding to existing after-sales services and guarantees;
11. the price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
12. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
13. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

In case of products:

1. The Consumer can repudiate a purchase contract for a Product without giving reasons for a period of reflection of at least 14 days. NewMedicine may ask the Consumer about the reason for the withdrawal but cannot force the Consumer to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by the Consumer in advance and who is not the carrier, or
   1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by the Consumer received the last product. NewMedicine may refuse an order of several products with different delivery dates provided that NewMedicine clearly informs the Consumer prior to the order process.
   2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
   3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.

In case of services and digital content that is not delivered on a physical carrier:

3. The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. NewMedicine may ask the Consumer about the reason for the withdrawal but cannot force the Consumer to state his reason(s).
4. The reflection period referred to in sub-clause 3 starts on the day following the conclusion of the agreement.

 Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:

5. If NewMedicine has not provided the Consumer with the legally required information about the right of withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this Article.
6. If NewMedicine provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.

Article 7 – Consumer’s obligations during the time of reflection

1. During the reflection periods indicated in article 6, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack the product to the extent necessary for establishing the nature, the characteristics of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1 of this article.
3. The Consumer is not liable for the decrease in value of the product if NewMedicine has not provided the Consumer with all legal information about the right of withdrawal before concluding the Agreement.

Article 8 – Exercising the Consumer’s right of withdrawal and the costs

1. If the Consumer exercises his right of withdrawal, he shall notify NewMedicine unambiguously by contacting the customer service by email or by indicating its preference for withdrawal in the personal account of the website of NewMedicine, within the applicable period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized representative of) NewMedicine as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1 of this article. This need not be done if NewMedicine offered to collect the product themself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by NewMedicine.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal reside with the Consumer.
5. The Consumer shall bear the direct costs of returning the product to NewMedicine. If NewMedicine has not reported that the Consumer has to bear these costs or if NewMedicine pointed out that NewMedicine will bear the costs of return, the Consumer need not pay the cost of returning the product.
6. If the Consumer withdraws after having first explicitly requested that the performance of a service be started in a limited volume or given quantity during the applicable period of reflection, the Consumer shall pay NewMedicine an amount that is equal to the part of the obligation already performed at the time of notification made by the Customer exercising the right of withdrawal as compared with the full compliance of the obligation.
7. The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
   1. prior to the delivery, the Consumer has not explicitly consented to start performance of the agreement before the end of the applicable period of reflection;
   2. The Consumer did not acknowledge to lose his right of withdrawal when giving consent; or
   3. NewMedicine failed to confirm the Consumer’s statement.
8. If the Consumer exercises his right of withdrawal, all Additional agreements end by operation of law.

Article 9 – NewMedicine’s obligations in case of withdrawal

1. If NewMedicine makes the notification of withdrawal by electronic means possible, NewMedicine shall promptly send a return receipt.
2. NewMedicine shall reimburse all payments made by the Consumer, excluding any delivery costs that the Consumer incurred for returning the Product, as soon as possible but within 14 days following the day on which the Consumer notified NewMedicine of the withdrawal. Unless NewMedicine offers to collect the product himself, NewMedicine can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
3. NewMedicine shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

Article 10 – Exclusion of the right of withdrawal

NewMedicine can exclude the following Products and Services from the right of withdrawal but only if NewMedicine notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1. Products or Services with a price that is subject to fluctuations in the financial market on which NewMedicine has no influence and which may occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby NewMedicine offers Products, digital content and/or Services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the Products, the digital content and/or the Services.
3. Services agreements, after full performance of the service, but only if
   1. the performance started with the Consumer’s explicit prior consent; and
   2. the Consumer stated that he will lose his right of withdrawal as soon as NewMedicine has fully performed the agreement.
4. Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
5. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
6. Perishable products or products with a limited durability.
7. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
8. Products which for their nature are irreversibly mixed with other products;
9. The delivery of digital content other than on a physical carrier, but only if:
   1. the performance was started with the Consumer’s explicit prior consent;
   2. the Consumer stated that he will lose his right of withdrawal by doing so.

Article 11 – The price

1. The prices of the Products and/or Services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, NewMedicine may offer Products or Services whose prices are subject to fluctuations in the financial market that are beyond NewMedicine’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases after concluding a contract for a specific or indefinite time are permitted only if
   1. NewMedicine actively informs the Consumer of such price increase at least 14 days in advance of such price increase becoming effective, and
   2. the Consumer has the authority to cancel the contract before the day on which the price increase would become effective.
4. All prices indicated in the provision of Products or Services are including VAT and excluding shipping costs, unless stated otherwise in the offer.

Article 12 – Performance of an agreement and extra Guarantee

1. NewMedicine guarantees that the Products and/or Services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, NewMedicine also guarantees that the product is suitable for other than normal use.
2. Any form of warranty will lapse if a defect has arisen as a result of or resulting from injudicious or improper use of the Products or use after the perishable date by the Consumer.
3. An extra guarantee offered by NewMedicine, any of its suppliers, manufacturers or importers shall never affect the rights and claims the Consumer may exercise against NewMedicine about a failure in the fulfilment of NewMedicine’s obligations if NewMedicine has failed in the fulfilment of its part of the agreement.
4. ‘Extra guarantee’ is taken to mean each obligation by NewMedicine, any of its suppliers, importers or manufacturers in whom such a party assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

Article 13 – Delivery and execution

1. NewMedicine shall exercise the best possible care when receiving and executing Product orders and when assessing requests for the provision of Services.
2. NewMedicine shall make use of a third-party delivery service as indicated in the Account of the Consumer during the ordering process. The general terms and conditions, as well as possibly a notification and tracking system of the third-party delivery service are applicable to the delivery process of any Products.
3. Any time window indicated during the ordering process for the delivery of any Product is indicative and actual delivery time windows may change due to unforeseen circumstances, force majeure or holiday periods.
4. The place of delivery of Products is at the address indicated as delivery address by the Consumer to NewMedicine. The Consumer is obliged to inform NewMedicine of a change in delivery address at least 5 days in advance of the delivery date. The place of the provision of Services may vary and shall be indicated in the offer of the Service.
5. With due observance of the stipulations in Article 4 of these General Terms and Conditions, NewMedicine shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot of can only be partially executed, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge after which NewMedicine shall refund the purchase price.
6. After repudiation in conformity with the preceding sub-clause, NewMedicine shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
7. The risk of loss and/or damage to products will be borne by NewMedicine until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

Article 14 – Continuing performance agreements: duration, termination and renewal

Subscription contract:

1. NewMedicine offers a Subscription contract which extends to the delivery of Products on a regular, monthly basis by NewMedicine to the Consumer. This Subscription contract is a contract concluded for a specific time, which, unless explicitly cancelled by the Consumer in accordance with the provisions below, shall be tacitly extended to a contract for an indefinite time.

Termination

1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of Products or Services, with due observance of the termination rules and subject to 10 days’ notice prior to the first following date of delivery of the Products or Services.
2. The Consumer may terminate a contract that was concluded for a specific time and which extends to the regular delivery of Products or Services at the end of the specific period, with due observance of the termination rules and subject to 10 days’ notice prior to end date of the specific contract period.
3. The Consumer can cancel the agreements mentioned in the preceding sub-clauses:
   1. at least in the same way as they were concluded by the Consumer;
   2. by contacting the service desk of NewMedicine by email or
   3. by access to the personal account of the Consumer on the website of NewMedicine.

Extension

4. An agreement concluded for a definite period and which extends to the regular delivery of Products or Services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of 10 days’ prior to the first following date of delivery of the Products or Services.

 Duration

5. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a Service, this period starts on the day that the Consumer received the confirmation of the agreement.
2. When selling Products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the Service(s) in question before making the agreed advance payment.
3. Payment of the price of an order shall be handled by a third-party payment service provider. Unless otherwise stipulated, the general terms and conditions of this third-party payment service provider shall be applicable on the entire payment process, with exclusion of these general terms and conditions.
4. All payments for a Subscription Contract shall be made via a third-party payment service provider. Unless the Consumer chose another payment method, the Consumer shall authorize this third-party payment service provider (acting on behalf of NewMedicine) to send continuous SEPA direct debit instructions to the bank of the Consumer in order to debit the monthly price of the Subscription Contract from the account of the Consumer by way of prepayment. These actions, payments and any reversals are all and exclusively subject to the terms and conditions of the relevant third-party payment service provider.
5. The Consumer has the duty to inform NewMedicine promptly of possible inaccuracies in the payment details that were given or specified.
6. In case the Consumer does not fulfil its payment obligations deriving from the agreement, as indicated in the offer, NewMedicine is entitled to suspend the execution of the agreement from their side, including the delivery of any Products.
7. In case the Consumer has not complied with his payment obligation(s) in time, and NewMedicine has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and NewMedicine is entitled to charge the Consumer with any extrajudicial collection costs.

Article 16 – Retention of title

1. Any Products delivered by NewMedicine to the Consumer will remain the property of NewMedicine until the Consumer has properly fulfilled all obligations under the agreement(s), including any payment obligations, with NewMedicine.
2. The Consumer is not allowed to sell any Products delivered by NewMedicine to the Consumer that are subject to the retention of title as described in above sub-clause 1 to any third parties.
3. In case NewMedicine should wish to exercise its property rights referred to in this article, the Consumer gives unconditional and irrevocable permission in advance to NewMedicine and to third parties designated by NewMedicine to enter those places where NewMedicine’s property are located in order to reclaim possession of these properties.

Article 17 – Liability

1. NewMedicine is only liable for damages to property and/or personal injury suffered by the Consumer if and insofar as that damage is the direct and exclusive result of non-compliance with an obligation that NewMedicine has towards the Consumer on the basis of an agreement and/or the law. NewMedicine is not liable for damages suffered by third parties.
2. To the extend permitted by law, NewMedicine will never reimburse more in damages than the purchase amount for the delivery of a Product or Service to which the damage is related, plus any delivery costs.
3. NewMedicine is not liable for:
   1. any damages incurred as a result of incorrect or incomplete information provided by the Consumer to NewMedicine, including any damages resulting from misuse or loss of the password of the Account of the Consumer;
   2. any damages caused by not correctly following the Product and operating instructions and/or any warnings given by NewMedicine to the Consumer.
   3. indirect damages, including consequential damages, loss of profit or income or lost savings;
   4. any damages incurred as a result of a situation of force majeure. Situations of force majeure include but are not limited to strike, fire, weather conditions, floods, violence, riots, war, government measures actions taken by the police and/or fire brigade and transport problems. Situations of force majeure also include such unforeseen circumstances at third parties that NewMedicine makes use of in the performance of any Agreement.
4. The above limitations of the liability of NewMedicine does not apply if and insofar as there is intent or wilful recklessness on the part of NewMedicine, with the provision that NewMedicine will only be liable for these damages for which NewMedicine is insured or against which NewMedicine could or should have been insured according to standards of reasonableness and fairness.

Article 18 – Complaints procedure

1. NewMedicine has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to NewMedicine within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to NewMedicine will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, NewMedicine will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 19- Applicable law and Disputes

1. Only Dutch law applies to agreements between NewMedicine and the consumer to which these general terms and conditions apply, even if an agreement in its entirety or if a part of an agreement is executed in a country other than the Netherlands, and also even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 20 – Additional or different provisions Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer 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 medium.