Terms and Conditions

This English version of the Terms and Conditions is a translation of the original Dutch version. While we have taken great care to ensure accuracy, in case of discrepancies or interpretation issues, the Dutch version shall prevail and be legally binding. The Dutch version can be found below the English version.

Article 1 - definitions

In these general terms and conditions, unless the context indicates otherwise, the terms referred to below shall have the following meanings:

1.1 General Terms and Conditions:

These General Terms and Conditions in force between the Consumer and Level Thirtyfour including any subsequent amendments or additions.

1.2 Agreement:

Every (purchase) Agreement (at a distance) that Level Thirtyfour enters into with the Consumer and all resulting and/or related Agreements.

1.3 Employee:

A natural person employed by or associated with Level Thirtyfour , whether or not under an employment contract.

1.4 Reflection Period:

The period within which the Consumer may exercise his right of withdrawal.

1.5 The Consumer:

The natural person not acting for commercial and professional purposes who concludes a Distance Agreement with Level Thirtyfour.

1.6 Right of withdrawal:

The Consumer's option to waive the Distance Agreement within the reflection period.

1.7 Distance Agreement:

An Agreement concluded between the Level Thirtyfour and the Consumer within the framework of an organised system for the distance sale of Products where, up to and including the conclusion of the Agreement, sole or joint use is made of one or more techniques for distance communication;

1.8 Product(s):

Food supplement(s) offered Level Thirtyfour.

1.9 Personal Data:

Any data relating to an identified or identifiable natural person, as defined in the applicable laws and regulations, including the AVG.

1.10 Parties:

The Consumer and Level Thirtyfour jointly.

1.11 Days:

All calendar days.

1.12 The Website:

levelthirtyfour.com.

1.13 Force majeure:

Any circumstance independent of the will of Level Thirtyfour - even if it was foreseeable at the time of the conclusion of the Agreement in the business of Level Thirtyfour or its suppliers and, furthermore, all circumstances as a result of which fulfilment of the Agreement cannot reasonably be required of Level Thirtyfour.

1.14 Non-attributable shortcoming:

Among others, war, danger of war, riots, fire, factory disturbance, systems/software strike, blockades, lockout, traffic disturbance, illness of personnel, failure of the third party (s) to fulfil their obligations or to do so in time

1.15 Intellectual property:

All intellectual property rights relating to the Products supplied and developed by Level Thirtyfour.

1.16 Level Thirtyfour:

The private limited company Level Thirtyfour and registered with the Dutch Chamber of Commerce under number 97760544.

Article 2 - Applicability

2.1

These General Terms and Conditions shall apply to every offer made by Level Thirtyfour and to every Agreement concluded between Level Thirtyfour and the Consumer.

2.2

Before the Distance Agreement is concluded, the text of these General Terms and Conditions shall be made available to the Consumer electronically in such a way that it can be stored by the Consumer in a simple manner. These General Terms and Conditions can also be consulted at all times on the Level Thirtyfour website.  If this was not reasonably possible, Level Thirtyfour shall, before the Distance Agreement is concluded, indicate in which way the General Terms and Conditions can be inspected at Level Thirtyfour and that they will be sent free of charge as soon as possible at the request of the Consumer.

2.3

Deviations and/or additions to these General Terms and Conditions are only valid if they have been expressly agreed in writing. Such agreement never implies that the deviating terms and conditions for the Consumer also apply to other agreements between Level Thirtyfour and the Consumer.

2.4

If any condition in these General Terms and Conditions and condition included in the Agreement are mutually contradictory, the condition included in the Agreement shall apply as far as the contradiction is concerned.

2.5

If any provision of these General Terms and Conditions is invalid, the remaining provisions in these General Terms and Conditions shall remain in force. The relevant invalid provision(s) will be replaced by another, valid provision that will approximate the consequences intended by the invalid provision as closely as possible.

2.6

Once these General Terms and Conditions apply between the Parties, such consent shall entail that these General Terms and Conditions also apply to other future Agreements between Level Thirtyfour and the Consumer.

2.7

Provisions of these General Terms and Conditions shall not apply if and insofar as mandatory legal regulations oppose them. If a provision would be null and void on this ground under circumstances, the rule favourable to Level Thirtyfour shall apply and all other provisions shall remain in full force and effect.

2.8

If any ambiguity exists regarding the interpretation of one or more provisions of these General Terms and Conditions, the interpretation shall take place ''in the spirit'' of these provisions.

2.9

If a situation arises between the parties that is not regulated in these General Terms and Conditions, this situation should be assessed ''in the spirit'' of these General Terms and Conditions.

Article 3- The Offer

3.1

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.

3.2

The offer contains a complete and accurate description of the Product(s) offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Level Thirtyfour uses images, these are a truthful representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind Level Thirtyfour.

3.3

Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer.

3.4

An offer made by Level Thirtyfour is always without obligation. Level Thirtyfour may withdraw an offer without giving reasons.

Article 4 - The Agreement

4.1

The Agreement between the Consumer and Level Thirtyfour comes into effect at the moment of acceptance by the Consumer of the offer and fulfilment of the conditions set out therein. The Agreement is established electronically, by filling in the required fields and agreeing to the General Terms and Conditions.

4.2

If the Consumer has accepted the offer electronically, Level Thirtyfour shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Level Thirtyfour, the Consumer may dissolve the Agreement.

4.3

If the Agreement is concluded electronically, Level Thirtyfour shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, Level Thirtyfour shall observe appropriate security measures for this purpose.

4.4

Level Thirtyfour may - within legal frameworks - inform itself as to whether the Consumer can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Distance Agreement. If, based on this investigation, Level Thirtyfour has good grounds not to enter into the Agreement, it shall be entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.

Article 5 - Right of withdrawal

5.1

The Consumer may dissolve an Agreement related to the purchase of a product during a 14-day cooling-off period without giving reasons. Level Thirtyfour may ask the Consumer about the reason for withdrawal, but may not oblige the Consumer to give its reason(s).

5.2

The withdrawal period referred to in paragraph 1 starts the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the product, or:

  1. if the Consumer has ordered several products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product;
  2. if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or part.

5.3

During the Reflection Period, the Consumer will handle the Product and its packaging with care. The Consumer shall unpack or use the Product to the extent necessary to assess whether he wishes to keep the Product. Once the seal of the Product in question has been removed by the Consumer, return is no longer possible.

5.4

If the Consumer exercises his/her right of withdrawal, the Consumer shall return the Product with all delivered accessories and - if reasonably possible - in the original condition and packaging to Level Thirtyfour, in accordance with the instructions provided by Level Thirtyfour.

5.5

If the Consumer makes use of his/her right of withdrawal, the shipping costs shall be borne by the Consumer. Level Thirtyfour shall refund the purchase price, minus the shipping costs, to the Consumer within 14 days at the latest after the return.

Article 6 - Prices and payment terms

6.1

All prices mentioned on Level Thirtyfour's website are inclusive of VAT.

6.2

Payment must be made in advance via iDEAL, PayPal or another payment method available on Level Thirtyfour's website.

6.3

The shipping costs become visible after the Consumer has added the Product to the shopping cart and entered the delivery address on Level Thirtyfour's website.

Article 7 - Obligations of the Consumer

7.1

The Consumer shall ensure that all data and/or information required by Level Thirtyfour for a proper execution of the Agreement is delivered to Level Thirtyfour in a timely and complete manner. The Consumer is obliged to report to Level Thirtyfour without delay any inaccuracies in the information provided by the Consumer to Level Thirtyfour.

Article 8- Delivery and execution

8.1

Level Thirtyfour will take the greatest possible care when receiving and executing orders for the Product(s).

8.2

The place of delivery is the address that the Consumer has made known to Level Thirtyfour.

8.3

Level Thirtyfour shall deliver accepted orders after payment by the Consumer as soon as possible. The Product(s) shall be delivered at the latest within a period of 14 days after payment, unless the Parties have agreed on a different delivery period. If the Products are to be delivered abroad, the delivery time may be longer.

8.4

If the delivery is delayed, or if an order cannot or can only be partially carried out, the Consumer will be informed of this no later than 14 days after he has placed the order. In that case, the Consumer has the right to dissolve the Agreement without costs.

8.5

In case of dissolution in accordance with the previous paragraph, Level Thirtyfour will refund the amount paid by the Consumer as soon as possible, but at the latest within 14 days after dissolution.

Article 9 - Force majeure

9.1

If Level Thirtyfour is unable to fulfil its obligations due to a permanent shortcoming that cannot be attributed to it, it shall be entitled within a reasonable period of time to dissolve the Agreement in full or in part by written declaration, without Level Thirtyfour being obliged to pay any damages to the Consumer.

9.2

A shortcoming not attributable to Level Thirtyfour shall be regarded as non-binding if the performance concerned cannot be carried out within a reasonable period after the occurrence of the circumstances. This reasonable period shall be deemed to be at least 14 days.

9.3

If the performance can indeed be carried out within a reasonable period, the failure is not non-binding and neither Level Thirtyfour nor the Consumer can dissolve the agreement. Level Thirtyfour's obligation to perform shall be suspended without any obligation to pay any damages or benefits to the Consumer.

Article 10 - Personal data

10.1

Level Thirtyfour shall never provide the personal data of the Consumer to third parties, except insofar as this is necessary for the execution of the Agreement.

10.2

Level Thirtyfour has a Privacy Policy which describes how Level Thirtyfour handles your personal data.

Article 11 - Intellectual property

11.1

Unless otherwise agreed in writing, all intellectual property rights relating to the Products belong to Level Thirtyfour. These rights are not transferred.

Article 12 - Use of the Product

12.1

The Product shall be used exclusively in accordance with the enclosed instructions for use or as stated on the label.

12.1

It is the Consumer's responsibility to check whether the Product is suitable for his/her personal situation

12.3

Level Thirtyfour is not liable for damage resulting from incorrect or improper use of the Product

Article 13 - Medical disclaimer

13.1

The information on the website and/or on the packaging of the Product is for general information purposes only and is not intended as medical advice

13.2

The reviews on the website are personal user experiences of customers. The reviews are not intended as medical advice and should not be construed as such.

13.3

The product is not a medicine and is not intended to diagnose, treat, cure or prevent any disease.

13.4

The Consumer is advised to always consult a doctor in case of doubt about the use of the Product or health complaints.

Article 14 - Product quality

14.1

The Products comply with the Agreement and with the specifications stated in the offer. A warranty applies to each Product that Level Thirtyfour delivers to the Consumer. The warranty period depends on the Product concerned. In case of questions about the warranty period, the Consumer may contact Level Thirtyfour.

14.2

If the Product shows defects within the warranty period, Level Thirtyfour shall refund the full purchase price to the Consumer. This does not apply if the Consumer has handled the Product carelessly, or if there is intent.

14.3

Complaints about Products never give the right to suspend payment obligations.

Article 15 - Liability and indemnities

15.1

In executing the Agreement, Level Thirtyfour shall use all care and skill reasonably to be expected from Level Thirtyfour. Level Thirtyfour shall not be liable for damages of any kind if it has relied on incorrect and/or incomplete data provided by the Consumer, unless such incorrectness or incompleteness should have been known to Level Thirtyfour.

15.2

Level Thirtyfour shall not be liable for any direct or indirect damage suffered by the Consumer, including consequential damage, which is related to a shortcoming by Level Thirtyfour, or by persons engaged by Level Thirtyfour in the execution of the Agreement, unless there is intent and/or gross negligence.

15.3

Level Thirtyfour is not liable for the loss of passwords by the Consumer. If the Consumer has forgotten his/her password, then a new password can be requested via Level Thirtyfour's website.

15.4

Any claim against Level Thirtyfour shall lapse twelve (12) months after it became due and payable.

15.5

The Consumer indemnifies Level Thirtyfour from any (product) liability with third parties as a result of a defect/defect in the Level Thirtyfour Product.

15.6

If Level Thirtyfour can be held liable with due observance of the above, such liability shall be limited to the insured amount that qualifies for payment under Level Thirtyfour's (corporate) liability insurance. If the damage is not covered by the insurance or the insurer does not pay out in any case, the liability shall be limited to a maximum of twice the invoice amount of the Agreement concerned, at all times subject to a maximum of 5,000.

Article 16 - The Complaints Procedure

16.1

Level Thirtyfour has a complaints procedure in place and handles any complaint from the Consumer in accordance with this complaints procedure.

16.2

Complaints about the performance of the Agreement must be submitted, fully and clearly described, to Level Thirtyfour within a maximum period of 14 days after the Consumer found the defects.

16.3

Complaints submitted to Level Thirtyfour will be answered within a period of 14 days from the date of receipt, if a complaint requires a foreseeably longer processing time, Level Thirtyfour will respond within the 14-day period with a notice of receipt and an indication of when the Complaint can expect a more detailed answer.

Article 17 - Applicable law

17.1

All agreements concluded with Level Thirtyfour or obligations arising therefrom shall be governed exclusively by Dutch law.

Article 18 - Amendment of the General Terms and Conditions

18.1

Level Thirtyfour shall be entitled to amend these General Terms and Conditions. The amended provision(s) shall enter into force on the date indicated in the amendment policy. A new version of the General Terms and Conditions shall be available for reading and downloading on Level Thirtyfour's website after the time of amendment.

Article 19 - Entry into force

19.1

These General Terms and Conditions shall take effect from 1 July 2025.

Article 20 - Repair clause nullities

20.1

If any provision of these General Terms and Conditions or of the underlying Agreement should be wholly or partly void and/or not valid and/or not enforceable as a result of any statutory regulation, judicial decision or otherwise, this shall have no effect whatsoever on the validity of all other provisions of these General Terms and Conditions or of the underlying Agreement.

20.2

If a provision of these General Terms and Conditions or the underlying Agreement should not be valid for a reason referred to in the previous paragraph, but would be valid if it had a limited scope or purport, this provision will -first of all- automatically apply with the most far-reaching or extensive more limited scope or purport with which or within which it is valid.

20.3

Without prejudice to the provisions of paragraph 2, the parties may consult to agree on new provisions to replace the void or voided provisions. The purpose and purport of the invalid or nullified provisions will be approximated as much as possible.