General Terms and Conditions Applicable to Resellers

APPLICATION OF THE GENERAL TERMS AND CONDITIONS
• Any contract concluded by the commercial buyer (hereinafter: RESELLER) with Beyond Nutrition SARL (hereinafter: BEYOND) implies the buyer's full and unconditional acceptance of the current general terms and conditions.

CONCLUSION OF PURCHASE CONTRACT AND CANCELLATION
• The object of the contract is the sale of food supplements and other goods. An order is basically the conclusion of purchase contract.
• The RESELLER can place his order by email or from the online portal provided by BEYOND. By placing an order, the reseller agrees to the general terms and conditions and the prices provided. If no prices have been communicated in advance, the current resale prices at the time shall apply.
• Cancellation: the RESELLER can cancel the order before delivery without giving reasons. Delivery starts at the point in time where the products have been handed over to a shipping company. After delivery the cancellation of the order is subject to a common agreement between the buyer and BEYOND.

DELIVERY AND DELIVERY CONDITIONS
• Orders are processed from Monday to Friday, except on public holidays. Parcels are dispatched from the Grand Duchy of Luxembourg as soon as possible or within 3 working days at the latest after receipt of payment, depending on availability.
• BEYOND cannot make any statement on the delivery time as these are depending on the delivery address and postal services. General delivery times as per experience are 3 days for deliveries within the Grand Duchy of Luxembourg and up to 14 business days for deliveries within Europe.
• Delivery will be made to the provided delivery address by the RESELLER. It is the RESELLER’s responsibility to provide BEYOND with accurate details for proper delivery of the order.
• BEYOND declines all responsibility for late or non-delivery in the event of force majeure or events beyond our control which includes war, riot, fire, strike, accidents and the impossibility of being supplied.
• BEYOND takes great care when packing the goods, however if goods are damaged on arrival, please notify the carrier and BEYOND on the same day and send us photos of the damaged goods and the condition of the packaging material.
The delivery is deemed to have been accepted if no complaint is received from the RESELLER within 2 calendar days of delivery. Proof of delivery from the delivery service shall apply.

TERMS OF PAYMENT
• The standard payment method is 100% upfront payment.
• The provided invoice number must be marked in the comments section of the bank transaction.
• Other payment methods may be agreed between the RESELLER and BEYOND in writing.
• All payment transfers must be made to the following bank account:
Bank: POST Finance
IBAN: LU28 1111 7073 4723 0000
BIC: CCPLLULL
• Account holder:
BEYOND Nutrition SARL
21 rue de Savelborn
L-7660 Medernach
Luxembourg

PRICE
• The prices quoted are in EURO.
• If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

LEGAL OBLIGATIONS
• BEYOND has notified all products with the Luxembourg Health Authorities. As such, no further actions are required by the RESELLER if located in the Grand-Duchy of Luxembourg.
• It is within the responsibility of the RESELLER to comply with all applicable regulations for the commercialization of products provided by BEYOND outside the Grand-Duchy of Luxembourg.
• The RESELLER covers all applicable fees when complying with local regulations.

WARRANTY AND LIABILITY
• The reseller must comply with all instructions on the products and labels.
• Products must be stored in a dry, clean, and dark environment at 12-18° Celsius.
• BEYOND provides the RESELLER with products with an expiration date of a minimum of 12 months.
• As BEYOND has no more control over the products incl. proper storage / handling, BEYOND declines all responsibilities after the products have been accepted by the RESELLER except for eventual manufacturing errors. In the later case, the products are replaced for free by BEYOND.

CONFIDENTIALITY
• Each party undertakes to keep the Confidential Information such as agreements, reselling prices, information concerning product testing and registration confidential, even if they are not explicitly labeled as confidential. Not to disclose or cause or permit the disclosure of the Confidential Information except as required by law or as permitted under this Agreement or with the prior written consent of BEYOND;

APPLICABLE LAW AND PLACE OF JURISDICTION
• Luxembourg law applies.

INTELLECTUAL PROPERTY
• BEYOND Nutrition is a protected European trademark.
• European Union Intellectual Property Office: 017138231
• For BENELUX: 1479234
• The RESELLER may use the trademark to promote BEYOND.
• BEYOND is not responsible for the RESELLER's use of its trademark outside the limits of its trademark protection. As such, any claims for damages by third parties shall be borne by the RESELLER.

OTHER CONDITIONS
• Nothing in this Agreement shall be construed to place the parties in any other legal relationship.
• In fulfilling its obligations under this Agreement, each party shall comply with all laws, ordinances, statutes, and applicable regulations.

DATE: 10/02/2024