- “Consumer”: the Purchaser who is a consumer within the meaning of article I.1,2° of the Belgian Code of Economic Law (WER), being a natural person; who acts for purposes that are outside his trade, business, craft or professional activity;
- “Contract”: Any contract in which we commit to transfer the property of the Products to the Purchaser and where the Purchaser commits to pay for these Products;
- “Party/Parties”: you and/or us;
- “Products”: all goods offered for sale on the Website;
- “Professional Customer”: any natural or legal person in the capacity of Purchaser, acting for purposes within its business or professional activity;
- “Purchaser”: every natural person or legal person who enters into a contractual relationship with Convinced, including, but not limited to Consumers and Professional Customers. Further also referred to as “you” or “your”;
- “Terms and Conditions”: these terms and conditions that apply to your purchase of Products from us;
- “We/we/our/our”: means the company as referred to in Article 2 of these Terms and Conditions.
- “Website”: the website https://www.nutrogenics.be as a whole.
Terms and conditions
Who we are:
WHC Labs bvba (hereafter: “WHC Labs” and “We”)
VAT BE 0806.008.929
E-mail address: email@example.com
3 APPLICATION OF THE TERMS AND CONDITIONS
- The Terms and Conditions apply to all current and future sales of Products by WHC Labs to the Purchaser. By using the Website, the Purchaser accepts these Terms and Conditions, as well as all other rights and obligations as stated on the Website.
- These Terms and Conditions are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms and Conditions.
- WHC Labs reserves the right to amend and/or supplement the Terms and Conditions in the future. Any future changes will have no effect on existing product orders and consequential agreements.
4 OFFER AND ACCEPTANCE
- Our online offer is presented with the utmost care. We provide information about the features of the Products, including technical descriptions based on information we receive from our partners and suppliers, and photographs illustrating the Products. We provide this information to the extent technical resources permit us. The images displayed on our Website provide an approximate representation of the substantial features of our Products.
- We cannot guarantee that all Products will always be available. Our offer is only valid while stocks last. If you order a Product through the Website that is out of stock, we will inform you as soon as possible by e-mail and you have the right to cancel your order. We will not be held liable for the temporary or permanent unavailability of any Product on our Website and/or for any damage that may result from the non-availability of a particular Product.
- We have the option to impose specific conditions on a particular offer, such as a limited period of validity. Such specific terms and conditions only apply if they are explicitly communicated prior to the order.
- To purchase a Product offered on our Website, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. We will send a confirmation of the order within seven (7) calendar days directed to the e-mail address specified by the Purchaser at the moment of ordering. The Contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by WHC Labs.
- The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, WHC Labs can make use of all electronic files available to prove the existence of the Contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
- All prices are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. We will communicate these costs in the last step of our online ordering process.
- The price as displayed on the confirmation of order is the final price to be paid. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by WHC Labs after the conclusion of the Contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
- We have the right to change our prices at any time but commit to always apply the prices that was indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
6 PAYMENT TERMS
Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our Website, Bancontact, VISA and MasterCard.
In the future, WHC Labs can always expand the payment methods. These expansions will always be announced on our Website. We take all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
We make use of the secured payment system of Igenico for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures are provided. These payments are subject to the general terms and conditions of Igenico which are solely responsible for the correct execution of the online payments.
We shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. WHC Labs always retains ownership of all Products ordered until full payment of all amounts due under the Contract has been made, regardless whether the delivery has already occurred.
- We process every order in a rapid manner. Unless otherwise agreed, your order will be delivered within thirty (30) calendar days upon order confirmation. If WHC Labs fails to deliver the Products within the agreed upon timeframe or within thirty (30) days upon order confirmation, the Purchaser is recommended to request delivery within an additional, appropriate timeframe. The Purchaser may only terminate the Contract if WHC Labs fails to deliver the Products within the additional communicated timeframe. In the event of such termination, WHC Labs will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the Contract. The exceeding of the delivery time does not give rise to an additional right to compensation.
- We use external parties and carriers for the execution of the delivery, in particular DHL. This may have an effect on the deliveries. However, WHC Labs takes no responsibility for late deliveries by third parties or for orders which are lost by third parties, nor does it take responsibility for late or lost deliveries in case of unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, we will conduct an investigation at the carrier’s end. This can take several days. During this period, WHC Labs cannot provide any reimbursement or proceed to a re-delivery of the Products.
- The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.
- WHC Labs bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the Products shall pass from WHC Labs to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
8 RIGHT OF WITHDRAWAL
- Consumers, as defined in article 1 of the Terms and Conditions, have right of withdrawal. A Consumer can cancel the purchase within fourteen (14) days from the day following the delivery of the Product. A Consumer is not obliged to pay a fee or provide a motive. Of course, we would like to hear feedback so that we can improve our service.
- If a Consumer wishes to invoke the right of withdrawal, this must be notified to us. A Consumer can do this by using the withdrawal form which can be found here <link> or by informing us about it by e-mail. This notification must be made within fourteen (14) calendar days from the date of physical receipt of the Products and can be sent to <…>.
- If the Consumer exercises his right of withdrawal in accordance with these Terms and Conditions and statutory provisions, we will refund the amount actually paid within fourteen (14) calendar days. We will reimburse the Consumer with the same means of payment as the original transaction, unless the Consumer has expressly agreed otherwise. In any event, there will be no charge for the refund.
- If the Consumer exercises his right of withdrawal, he will be liable for the cost of returning the Products. Even if the Products by their nature cannot be returned by ordinary mail, the Consumer is responsible for the costs of returning the Products. The Consumer will take all reasonable steps to ensure that the Products reach us in good condition.
- When the Consumer buys sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53, 5° WER); the Consumer won’t be entitled to exercise his right of withdrawal.
- In addition, the Consumer is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, characteristics and functioning of the products. WHC Labs is entitled to charge the costs of the impairment in proportion to the repayment. This, however, only after WHC Labs has repaid the initial purchase price to the Consumer.
9 STATUTORY WARRANTY
- Every Consumer has a legal warranty period of two (2) years. The Consumer may rely on this legal warranty if the Products delivered do not match the requested or ordered Product (non-conformity), in so far as the Consumer could not establish this non-conformity upon receipt of the Product.
- If the Product is defective within the first six months after delivery, there will be a presumption that the defect has existed since delivery. WHC Labs can prove the opposite. If the Product defect is detected more than six months after delivery, then the Consumer must prove the non-conformity of the Product at the time of delivery.
- Furthermore, WHC Labs shall be responsible with respect to all Purchasers (Consumers and Professional Customers) for the hidden (non-visible) defects in the Products delivered by it. For the Consumer, this system applies after the statutory guarantee period of two years has expired. The system of hidden defects does not apply if the Purchaser was aware of these defects at the time of purchase. Consequently, each Purchaser is entitled to rectification if, after delivery, he discovers a hidden defect in the delivered Product, in accordance with the legal requirements.
- If the Consumer wishes to use the warranty, he must inform us as soon as possible, and at the latest within two weeks after discovery of the defect. This can be done via <…>. We ask to provide us with all the necessary information (if necessary, pictures can be used).
- This warranty includes the repair or replacement of the defective Product. If, however, it turns out that the repair or replacement is not possible, would be disproportionate for us or would cause serious inconvenience to the Consumer, we undertake to grant an appropriate price reduction or, in the event of serious non-conformity, to dissolve the Contract and to refund the entire price, subject to restitution of the Product.
- To the extent permitted by law, we shall not be held liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be held liable for damages caused by our failure to comply with our obligations, if and to the extent that such damages are caused by our willful and serious misconduct. We are not liable for other errors.
- Nothing in these Terms and Conditions is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms and Conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.
- Should we nevertheless be held liable, the amount of the compensation will be limited to the total amount paid by you for the Products purchased.
11 PROTECTION OF PERSONAL DATA
12 INTELLECTUAL PROPERTY
- WHC Labs retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.
- The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Product or we have given you our permission.
13 FORCE MAJEURE
- We are not responsible for compliance with our obligations under these Terms and Conditions in the event of force majeure. Force majeure is understood to be a situation in which the performance of our obligations, in whole or in part, whether or not temporarily, is prevented by circumstances beyond our control.
- In the event of force majeure, these obligations will be suspended and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event of force majeure exceeding two (2) months, either Party shall be entitled to terminate the Contract by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the Product paid by you and not delivered).
- If any provision of these Terms and Conditions (or part thereof) is declared void, invalid or unenforceable, such invalidity, nullity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In case of nullity, invalidity or unenforceability, the Parties shall, to the extent possible, negotiate to replace the null, void or unenforceable provision (or part thereof) by an equivalent provision that complies with the spirit of these Terms and Conditions.
- The fact that we fail to require the strict application of any of the provisions of these Terms and Conditions cannot be considered as a tacit waiver of our rights and does not prevent us from demanding strict compliance with these provisions at a later date.
- The Terms and Conditions shall always and exclusively apply to all present and future Contracts between you and us, except in the case of an express derogation. An express deviation is only valid to the extent that it is the result of mutual agreement between you and us which is explicitly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms and Conditions remain fully applicable.
15 APPLICABLE LAW, ARBITRATION AND COMPETENT JURISDICTION
- These Terms and conditions shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Contracts are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.