Pink Panther Power – Terms and conditions 2025.1
Article 1 – Definitions
1. In these General Terms and Conditions, the capitalised words below shall have the following meanings.
– Ancillary agreement: an agreement whereby the Customer acquires products, digital content and/or services in connection with a distance contract and those items, digital content and/or services are provided by Pink Panther Power or by a third party on the basis of an arrangement between that third party and Pink Panther Power;
– General Terms and Conditions: this set of general terms and conditions applicable to the Agreement, which contains agreements and regulations mainly relating to Pink Panther Power’s relationship with the Customer;
– Withdrawal period: the period within which a Consumer can exercise his right of withdrawal;
– Consumer(s): the Customer (natural person) not acting in the exercise of a profession or business. When Consumer is used in these General Terms and Conditions instead of Customer, only Customers who are Consumers are expressly meant;
– Day(s): calendar day(s)
– Service(s): Those services performed by Pink Panther Power;
– Digital content: data produced and delivered in digital form;
– Durable data carrier: any device – including e-mail – that enables the Customer or Pink Panther Power to store information addressed personally to it in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
– Right of withdrawal: the possibility for a Consumer to waive the Distance Contract within the Reflection Period;
– Customer: Any natural or legal person who purchases a Product;
– Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions;
– Agreement: the arrangements made by Pink Panther Power with the Customer in relation to the Product and the Service. The General Terms and Conditions apply to this agreement;
– Distance agreement: an agreement concluded between Pink Panther Power and a Customer in the context of an organised distance sales system of products, digital content and/or services, which exclusively or partly involves the use of one or more means of distance communication up to and including the conclusion of the agreement;
– Product(s): the products sold by Pink Panther Power, such as natural supplements;
– In writing: Where the General Terms and Conditions refer to ‘in writing’, this expressly includes ‘by e-mail’;
– Pink Panther Power: the Customer’s counterparty, as further defined under Clause 2;
– Website:
Article 2 – Pink Panther Power data
Pink Panther Power
Branch address: Keizersgracht 391A, 1016EJ Amsterdam
E-mail addressinfo@pinkpantherpower.com
Article 3 – Applicability
1. The Terms and Conditions shall apply to any offer made by Pink Panther Power and to any established Agreement between Pink Panther Power and the Client
2. Before the Distance Contract is concluded, the text of these General Terms and Conditions shall be made available/presented to the Customer electronically, in such a way that it can be easily stored by the Customer on a Durable Data Carrier. If this is not reasonably possible or will not be done, prior to the conclusion of the Distance Contract, it will be indicated where the General Terms and Conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the Customer’s request.
3. The provisions of these General Terms and Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force.
4. All rights, indemnities and claims, as in the General Terms and Conditions on behalf of Pink Panther Power, are equally stipulated on behalf of third parties, employees and/or assistants (such as freelancers and/or contractors) engaged Pink Panther Power.
Article 4 – The offer
1. The offer/all offers are valid up to and including 14 days from the offer date, unless the offer (or other written agreements) indicates otherwise.
2. The offer contains a complete and accurate description of the Products, digital content and/or Services. Obvious mistakes or obvious errors in the offer do not bind Pink Panther Power.
3. The quotation shall include a full description of the Products to be delivered and Services to be performed, the (purchase) price, estimated delivery time and payment terms.
4. Pink Panther Power offers supplements (among others) made from natural herbs. These supplements aim to increase the user’s libido. The Products are not intended as a substitute for medical advice or treatment. If the Customer experiences complaints before, during or after using the Products, he/she should always contact his/her GP.
5. Results of using Products may vary from one individual to another. Pink Panther Power does not guarantee specific results.
6. The Customer already gives Pink Panther Power the right in advance, without needing (at a later time) the express consent of the Customer, to transfer the entire Agreement, or parts of it, to third parties
7. During the validity period stated in the offer, the prices of the Products and/or Services will not be increased, except for price changes due to changes in VAT rates
Article 5 – The Agreement
1. In principle, the Agreement comes into effect at the moment the Customer accepts the offer or fulfils the conditions set out therein
2. Since the agreement is established electronically, Pink Panther Power will take appropriate technical and organisational measures to protect the electronic transmission of data and ensure a secure webenvironment. Pink Panther Power will also observe appropriate security measures for electronic payment. For other information regarding the handling of his/her personal data, the Customer should consult Pink Panther Power’s privacy statement on its Website.
3. Price reductions after the conclusion of the Agreement due, for example, to promotions or discounts do not entitle the Customer to a price reduction
Article 6 – Obligations Pink Panther Power
1. Pink Panther Power shall perform its Services/deliver its Products properly and in the manner agreed in the Agreement
2. Pink Panther Power shall comply with the legal requirements in force at the time when delivering Products and/or performing its Services.
Article 7 – Complaints procedure
1. Complaints about the performance of the Agreement or the Product must be submitted to Pink Panther Power at info@PinkPantherPower.com within a reasonable time after the Customer has experienced problems, fully and clearly described, but in any case within 14 days after delivery. If the Customer has not complained within this period, it is assumed that the Agreement has been executed as may be expected.
2. The complaint should include as detailed a description of the shortcoming as possible with pictures, so that Pink Panther Power is able to respond adequately.
3. Complaints submitted to Pink Panther Power will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Pink Panther Power will reply within the 14-day period with a notice of receipt and an indication of when the Customer can expect a more detailed reply.
4. The Customer must give Pink Panther Power at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute susceptible to dispute resolution arises.
5. If the online shop is a member of WebwinkelKeur and complaints cannot be resolved by mutual agreement, a Customer should contact WebwinkelKeur (www.webwinkelkeur.nl ), which will mediate free of charge. Should a solution still not be reached, the Customer has the option of having his complaint dealt with by the independent dispute committee appointed by WebwinkelKeur, the decision is binding and both Pink Panther Power and the Customer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which have to be paid by the Consumer to the committee concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
Article 8 – Customer obligations
1. The Customer must follow the instructions and directions of Pink Panther Power or third parties it engages. Think for example of respecting the given instructions regarding the method of use (way of taking supplements and recommended/maximum dose). This information is stated on the packaging and accompanying documentation. Exceeding the recommended dose is entirely at the user’s own risk.
2. Users of the Products are advised to seek medical advice before using the Products if they have existing medical conditions, allergies or are taking medication.
3. Customers must be 18 years or older to purchase and use Products.
4. In case of any side effects, complaints or discomforts, the user should immediately discontinue the use of the product and contact his/her GP. Pink Panther Power is not responsible for any health damage resulting from the use of its products.
5. Damages incurred by the Customer due to non-compliance with given instructions and the obligations under this article will be his/her own responsibility, apart from intentional or deliberate recklessness on the part of Pink Panther Power
Article 9 – The delivery
1. Pink Panther Power will exercise care when receiving and fulfilling orders for Products
2. The place of delivery is the address made known to Pink Panther Power by the Customer.
3. Pink Panther Power aims to dispatch all orders within 24 hours of receiving payment. This applies to orders placed from Monday to Friday. Orders placed over the weekend (Saturday and Sunday) will be processed and shipped the next working day.
4. The indicated delivery time is a presumed delivery time. If no delivery time has been agreed, a fixed delivery time of 30 days applies to a consumer purchase
5. If the expected delivery time is not met, the Customer must give Pink Panther Power an additional reasonable period to still deliver.
6. If the additional period or the fixed agreed delivery time is exceeded, the Consumer may rescind the agreement without notice of default or judicial intervention and/or claim damages.
7. If the delivery of the Product or the performance of the Service is delayed due to circumstances that are at the Customer’s risk, the delivery period shall be reasonably extended.
8. For deliveries outside the Netherlands, the following applies; all Products sold by Pink Panther Power are in accordance with Dutch legislation, including the Opium Act. Pink Panther Power cannot give 100% reliable information about sales and deliveries outside the Netherlands. The Customer purchasing the Product must therefore make their own enquiries as to whether importation of the Product is legal and bear responsibility for compliance with local laws and customs regulations. Pink Panther Power is not responsible and/or liable for orders shipped to the Customer if it is found that the Product is illegal in the country to which the order was shipped. Pink Panther Power is therefore not responsible for confiscation and/or destruction of products by customs or other authorities in the country where the order was delivered or in countries passed during shipment. Upon discovery of the above, Pink Panther Power will also not refund the purchase and shipping amount and any damages to the Customer. The responsibility lies with the buyer from the moment the order is placed.
9. In addition to these terms and conditions the shipping policy mentioned on the Website applies to the Agreement.
Article 10 – Transport and delivery
1. Pink Panther Power shall bear the risk of damage and loss in transit until the time of delivery to the Customer or a previously designated representative, unless expressly agreed otherwise.
2. If visible damage is detected by the Customer after delivery, the Customer must report it to Pink Panther Power as soon as possible, but in any case within 3 Days.
Article 11 – Payment, interest and collection
1. The Client must complete its payment obligation at the time of ordering, e.g. via iDeal. If this is not the case, the Customer shall owe the invoice amount to Pink Panther Power no later than 14 days after receiving the invoice by e-mail, unless otherwise unambiguously stated in the offer/invoice. Any complaints or claims do not suspend the payment obligation.
2. If the Customer fails to pay within the (fatal) payment term, the Customer shall be in default by operation of law, without further notice of default.
3. Before Pink Panther Power proceeds to collect the amount due from a Consumer, it will first send another payment reminder reminding the Consumer of its default. If the Consumer has not paid the amount due in full despite the reminder to do so, Pink Panther Power is to collect the amount due. In that case, in addition to the legal interest, the consumer will also owe Pink Panther Power the (collection) costs. Those costs are limited to a maximum of the percentage of the principal sum permitted by laws and regulations (see the BIK graduated scale).
4. Pink Panther Power is entitled to have the payments made by the Client go first of all to reduce the (collection) costs, then to reduce the interest falling due and finally to reduce the principal sum and current interest.
Article 12 – The right of withdrawal and cancellation
1. If the right of withdrawal does not apply, cancellation is in principle not possible. If the Consumer cancels, Pink Panther Power is not obliged to accept this cancellation.
2. The Customer who is a Consumer may dissolve an Agreement, if it is not exempted from the right of withdrawal, relating to the purchase of a Product – whether or not combined with a service – during a cooling-off period of 14 days without giving reasons.
3. This reflection period commences on the day after the Product is received by the Consumer. In case of multiple partial deliveries from one order, the cooling-off period starts the day on which the last partial delivery is received by or on behalf of the Consumer.
4. If Pink Panther Power has not provided the legally required information about the right of withdrawal or the model withdrawal form, and the right of withdrawal applies, the withdrawal period expires 12 months after the end of established withdrawal period. As soon as Pink Panther Power still provides the said information, the withdrawal period expires 14 days after the day on which the Consumer still received that information.
Obligations of the Consumer during the cooling-off period
5. During the reflection period, the Consumer shall handle the Product and its packaging with care. He will only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. In the case of a packaging containing supplements, the packaging may in principle not be opened, since from the outside the aforementioned characteristics can also be determined. An opened package cannot therefore be returned.
6. If the Consumer goes beyond the above and still returns, he will be liable for depreciation of the Product.
7. The Consumer is not liable for depreciation of the Product if Pink Panther Power did not provide him with the mandatory information on the right of withdrawal before or at the conclusion of the contract.
8. The Consumer can only use the return/right of withdrawal if he can provide a valid proof of purchase.
Exercise of the right of withdrawal by the Consumer and costs thereof
9. If the Consumer exercises his right of withdrawal, he shall notify Pink Panther Power within the withdrawal period using the model withdrawal form or in any other unambiguous manner.
10. As soon as possible, but within 14 days from the day after this notification, the Consumer returns the Product, or hands it over to (an authorised representative of) Pink Panther Power. This is not necessary if Pink Panther Power has offered to collect the Product itself. The Consumer has returned in time if he returns the Product before the cooling-off period has expired.
11. The Consumer shall return the Product with all accessories supplied, as far as possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Pink Panther Power.
12. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
13. In a distance contract, the Consumer bears the direct cost of returning the Product.
14. If the Consumer revokes after having first expressly requested to start performing the Service during the withdrawal period, the Consumer shall pay for the performed Service until the moment of revocation.
15. The Consumer does not bear any costs for the performance of services if:
a. Pink Panther Power failed to provide the Consumer with the legally required information on the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form; or
b. the Consumer has not expressly requested the commencement of performance of the service.
16. Upon revocation, all additional agreements will be dissolved.
Obligations of Pink Panther Power in case of withdrawal
17. If Pink Panther Power allows withdrawal by the Consumer by electronic means, it will send an acknowledgement of receipt immediately after receipt.
18. Pink Panther Power will refund all payments made by the Consumer, including calculated delivery costs (only delivery to the Consumer), at the latest within 14 days from the day of the withdrawal. It may wait to refund until it has received the Product, except if Pink Panther Power collects the Product itself or the Consumer proves that he has returned the Product. If the Consumer can prove that the Product has been returned but it does not arrive at Pink Panther Power, the Consumer will request the transport company he has engaged to investigate whether the Product has gone missing.
19. Pink Panther Power will use the same means of payment as the Consumer used for reimbursement unless otherwise agreed. The refund is free of charge for the Consumer.
20. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Pink Panther Power does not have to refund the extra cost for the more expensive method.
21. The cost of returning the Product shall be borne by the customer, unless the Product was defective or damaged upon delivery by Pink Panther Power.
Exclusion of the right of withdrawal
22. Pink Panther Power can and does exclude the following Products from the right of withdrawal, if it has clearly stated this with the offer in good time before the conclusion of the contract:
23. Service agreements, after full performance of the service, but only if:
a. performance has begun with the Consumer’s express prior consent; and
b. the Consumer has declared that he waives his right of withdrawal; and
c. Pink Panther Power has provided the Consumer with a confirmation of the agreement and the statement referred to in the previous paragraph.
24. Products manufactured to Consumer specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by the Consumer, or which are clearly intended for a specific person.
25. Sealed Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
26. Products which by their nature are irrevocably mixed with other Products after delivery.
Article 13 – Force majeure and unforeseen circumstances
1. The parties are not obliged to fulfil any obligation under the Agreement if they are prevented from doing so as a result of a circumstance that is not due to their fault, and which is not for their account by virtue of the law, a legal act or generally accepted practice.
2. In these General Terms and Conditions, force majeure means, in addition to what is understood in law and jurisprudence in this respect, extreme weather conditions, illness of a significant part of Pink Panther Power’s employees or of persons or third parties engaged by Pink Panther Power, shortages or delivery problems at Pink Panther Power’s supplier, as well as all external causes, foreseen or unforeseen, which Pink Panther Power cannot influence, but which prevent Pink Panther Power fulfilling its obligations.
3. If the fulfilment of the Agreement is temporarily impossible due to a cause mentioned above, the other party is relieved of its obligations for that period.
4. If performance of the Agreement is permanently impossible for one of the parties in whole or in part due to a cause for which he cannot be held accountable, both parties shall make efforts, or exercise patience, as much as reasonably possible to still perform the Agreement. The parties will discuss this. If the parties fail to reach a solution, or if the impossibility lasts too long within reason, they shall have the right to dissolve the Agreement in whole or in part, as the case may be, in accordance with the legislation on force majeure.
5. In case of unforeseen circumstances, the parties will consult with each other to reach a mutually accepted solution.
Article 14 – Liability
1. If the Customer proves that he has suffered damage due to an act or omission of Pink Panther Power which would have been avoided in case of careful and competent action, and for which Pink Panther Power would be legally liable for the damage, and for which the liability is not excluded/limited in these General Terms and Conditions or the Agreement, Pink Panther Power is liable for this damage up to a maximum of €2,500, unless the Customer did not follow the regulations applicable to him/her or otherwise the damage should be for his/her own account.
2. Damage is exclusively understood as damage to persons, damage to goods and direct property damage. Pink Panther Power is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation and delay.
3. The exclusions and/or limitations of liability for damage contained in the General Terms and Conditions do not apply if the damage is due to intentional or equivalent gross negligence of Pink Panther Power or its subordinates.
4. Pink Panther Power shall at all times have the right to prevent or reduce, as far as possible, any damage suffered or incurred by the Customer.
5. If the Client is not a Consumer, Pink Panther Power excludes its liability in full to the extent permitted by reasonableness and fairness, barring intent or equivalent gross negligence on the part of Pink Panther Power.
Article 15 – Miscellaneous
1. If Pink Panther Power does not enforce a provision of the Terms and Conditions, this does not mean that Pink Panther Power waives the right to enforce it at a later date or against another Client.
2. Unless the General Terms and Conditions provide otherwise, claims and other powers of the Customer on any grounds whatsoever against Pink Panther Power in connection with the Agreement shall in any case expire 1 year after the moment the Customer became aware or could reasonably have become aware of the existence of these rights and powers.
3. Should one or more provisions of the General Terms and Conditions be declared invalid by a competent court, this shall not affect the remaining provisions of the General Terms and Conditions. The omitted provision(s) will then be filled in according to the spirit of the General Terms and Conditions.
4. To the extent applicable, the Vienna Sales Convention is expressly excluded.
5. The Agreement and therefore also these General Terms and Conditions are exclusively governed by Dutch law and disputes arising from the Agreement will be submitted to the competent Dutch court in Amsterdam unless another court is competent on the basis of mandatory (consumer) law.
General terms and conditions Pink Panther Power – Version 2025.1
