TERMS AND CONDITIONS – Pureté bio
i. ‘Agreement’’: every agreement by which we undertake to provide the Products to you subject to compliance with the Terms and Conditions;
ii. ‘Consumer’: a consumer within the meaning of article I.1,2° of the Belgian Code of Economic Law, being a natural person who is acting for purposes which are outside his trade, business, craft or profession;
iii. ‘Party/parties’’: you and/or we;
iv. ‘Product’’: all goods offered for sale on the Website;
v. ‘Professional Customer’’: any natural or legal person who enters into an Agreement with us and who is acting for purposes which fall within his business or professional activity;
vi. ‘Terms and Conditions’’: These Terms and Conditions are applicable on your purchase of Products from us;
vii. ‘We/ Our/ Us’: The company as mentioned in article two of these Terms and Conditions;
viii. ‘Website’: www.puretebio.be;
ix. ‘You/ Yours’: every natural or legal person who is or will be in a contractual relationship of any kind with us, including, but not limited to Consumers and Professional Customers.
2. OUR IDENTIFICATION
Who are we:
Keypharm NV (hereafter: ‘PURETE BIO’, ‘We’ and ‘Us’)
VAT BE 0883.397.311
Phone: +32 (50)28 92 30
E-mail address: firstname.lastname@example.org
3.1. These Terms and Conditions apply to all purchases of our Products. When placing an order, you must expressly accept these Terms and Conditions and agree to their application. These Terms and Conditions apply to the exclusion of any other conditions. Unless they have been expressly accepted by us in writing, any of your general or special terms and conditions are expressly excluded. Notwithstanding the foregoing, these Terms and Conditions do not affect the statutory rights that are compulsorily granted to you under Belgian consumer protection law.
3.2. We reserve the right to modify these Terms and Conditions from time to time. However, the version of these Terms and Conditions that was applicable at the time the order was placed, shall continue to apply between the Parties with regard to the purchase.
4. OFFER AND ACCEPTANCE
4.1. We make all reasonable efforts to keep the information on the characteristics of the Products and illustrations of the Products as accurate as possible, to the extent permitted by technical means. Certain non-substantial characteristics of a Product may differ on delivery from the photographs and descriptions displayed on the Website.
4.2. We cannot guarantee you that all Products will always be available. Our offer is only valid as long as 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 are not liable for the temporary or non-temporary unavailability of a Product on our Website and/or for any damage that would result from the unavailability of a certain Product. We have the possibility to apply specific conditions to a certain offer, such as a limited period of validity. Such specific conditions are only applicable if these are communicated explicitly and prior to the order.
4.3. We are not bound by an offer if this offer is clearly affected by a mistake or an error. Manifest or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the contract. We cannot be held liable for any (printing) errors in our prices or conditions.
4.4. Your acceptance of our offer is made by placing an order on our Website. This order is binding. We will send a conformation of the order within three (3) working days at the latest to the e-mail address you have provided us with.
4.5. We reserve the right to refuse an order due to a serious breach by you concerning an order in which you are involved.
4.6. In accordance with the Belgian Code of Economic Law, the parties explicitly acknowledge that electronic forms of communications bring out a valid Agreement. We may use all electronic files at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digitally or electronic qualified signature is not an essential requirement of proof.
5. OUR PRICES
5.1. The prices of our Products are listed on the Website and are fixed at the moment of the order. The indication of the price relates exclusively to the Products as they are described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price. All prices mentioned there are expressed in EURO and include VAT and any other taxes or duties to be borne by you. Any other costs charged will mentioned separately.
5.2. We have the right to modify the prices at any moment, but we undertake to apply the rates indicated on the Website at the time of your order. If the price adjustment is the result of changes in VAT-rates, this will be charged to you.
6.1. In principle, each payment will be processed immediately and in full, as soon as you place the order. For the payment of our Products we accept Visa, Mastercard, Bancontact or via the applications of KBC, Belfius or ING.
6.2. We can expand the payment options in the future. We take all reasonable measures to ensure the safety of your online transactions. We provide security through the involvement of specialised parties such as recognized card issuers and payment partners .
6.3. For the processing of the payments we use the external payment platform of Mollie. The necessary safety measures are provided. These payments are subject to the Terms and Conditions of Mollie, which bears sole responsibility for the correct execution of the online payments.
6.4. We postpone our delivery obligations until receipt of the full payment of all amounts owed by you. We will at all times retain ownership of all the ordered Products until the full payment of all amounts due under the Agreement has been made, regardless of whether delivery has already taken place.
7.1. We process every order as soon as possible. We will make all reasonable efforts to deliver your order within five (5) working days.
7.2. It is your responsibility to enable delivery to the agreed place in your presence or in the presence of a third party designated by you. There is a delivery as soon as the ordered Products have been offered to you once. If a delivery offered is unsuccessful due to a shortcoming on your part or due to a shortcoming on the part of a third party designated by you, any costs of new delivery attempts will be entirely at your expense.
7.3. For the delivery we call upon reliable external parties, in particular DHL or Bpost. The involvement of external parties may affect the delivery. Following an undelivered sent order, an investigation will be immediately conducted with the carrier. This takes several days and during this time no refund or other shipment can be made.
7.4. If we are unable to deliver the Products at the agreed time or within five (5) working days, you can request delivery within an additional period which is appropriate to the circumstances. If we do not deliver within the additional term, you have the right to terminate the Agreement. In such case of termination we will refund all amounts paid as soon as possible and at the latest within fourteen (14) calendar days after termination of the Agreement. Exceeding the delivery period shall not give rise to any other compensation.
7.5. Until full payment has been received, the delivered Products remain our exclusive property. However, the risk of loss or damage shall pass on to you as soon as you (or a third party designated by you) take physical possession of the Products. However we note you of the fact that although you retain ownership of the Product after payment in full, you do not retain our intellectual property rights (as referred to in clause 12 (intellectual property)). Such intellectual property rights shall at all times remain vested in us or our licensors.
7.6. You undertake, if necessary, to inform third parties about our above retention of title, e.g. to anyone who would seize items that have not yet been fully paid for. In this context, you undertake to inform us immediately in writing of any seizure by a third party on the delivered Products.
8. RIGHT OF WITHDRAWAL
8.1. Based on the right of withdrawal, the Consumer may, as defined in clause 1, still renounce the purchase within fourteen (14) calendar days from the day following on the delivery of the Product. The Consumer is not obliged to pay a fee or to state a motive. Of course, we’d like to receive feedback from the Consumer so that we can improve our services.
8.2. The Consumer has no right of withdrawal if the Product(s) consist of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (article VI.53,5° Belgian Code of Economic Law). In concrete terms, this means that as soon as the Product has been opened and the seal has been broken, the Consumer loses his right of withdrawal.
8.3. If the Consumer wishes to exercise the right of withdrawal, this must be notified to us. For this purpose, the Consumer can use the withdrawal form which can be found here or can notify is by e-mail, in writing and explicitly. This notification must be made within fourteen (14) calendar days from the day of (physical) receipt of the Products an can be sent to Siemenslaan 11, 8020 Oostkamp, Belgium.
8.4. If the Consumer invokes the right of withdrawal in accordance with these Terms and Conditions and the legal provisions, we will refund the Consumer the actually paid amount within fourteen (14) calendar days. We will reimburse the Consumer using the same payment method as with which the Consumer performed the original transaction, unless expressly agreed otherwise. In any case, no costs will be charged for the reimbursement.
8.5. If the Consumer uses his right of withdrawal, the Consumer is responsible for the costs of returning the Products. Even if the Products cannot be returned by regular mail because of their nature, the Consumer shall be liable for the costs of returning the Products. The Consumer takes all reasonable measures to ensure that the Products reach us in good condition.
8.6. The Consumer is liable for any reduction in the value of the Products resulting from the treatment of the Products that goes beyond what is necessary to determine the nature, the characteristics and the functioning of the Products. We are entitled to charge the costs of the depreciation in proportion to the reimbursement.
9.1. The Consumer has a legal warranty of two years. The Consumer may use this right if the Product purchased does not correspond to the goods requested. However, the Consumer may not invoke the legal warranty in the event of changes of terms or modifications in place of delivery or in the event of defects of which he was aware of at the time of the sale.
9.2. The statutory warranty may be invoked if the non-conformity of the delivered Product is established within 2 years from the delivery of the Product. The legal warranty starts from the moment of delivery of the Product to the Consumer.
9.3. If the Product becomes defective within the first six months after delivery, it is assumed that the defect has existed since the delivery. We shall prove the contrary if we do not agree. If the defect of the Product is found more than six months after delivery, the Consumer has to prove that the Product was not in conformity at the time of delivery.
9.4. If the Consumer wishes to make use of his warranty, the Consumer must inform us as soon as possible and at the latest within two weeks after the discovery of the defect. This can be done via email@example.com. We request the Consumer to provide us with all the necessary information in this respect (if necessary, photographs may be used).
9.5. This warranty includes the repair or the replacement of the defective Product. However, it should appear that the repair or the replacement is not possible, disproportionate or would cause serious inconvenience to us or to the Consumer, we undertake to grant an appropriate price reduction or, in the event of serious non-conformity, to terminate the Agreement and to reimburse to full price, subject to restitution of the Product.
9.6. The legal warranty as well as the warranty for hidden defect does not apply to:
- Damages caused by normal wear, unintentional or deliberate changes made by you to the Products, including improper and incorrect use and exposure to moisture, fire, earthquake and other external causes;
- damages caused by use in a manner that is not in accordance with the instructions and information provided;
- damages caused after removal of seals on certain parts and after removal or illegibility of the serial number and other numbering of the product ranges. You may never remove the seals without explicitly written permission from us;
- schade veroorzaakt na de verwijdering van verzegeling op bepaalde onderdelen en na verwijdering of onleesbaar maken van het serienummer en andere nummering van productreeksen. U mag deze verzegeling nooit verwijderen zonder uitdrukkelijke schriftelijke toestemming van ons;
10.1. To the extent permitted, we cannot be held liable for indirect or consequential damages. Unless excluded by mandatory law, we are only liable for damages caused by failure to comply with our obligations if and to the extent that such damage is caused by our wilful or serious misconduct. We are not liable for any other mistakes.
10.2. Nothing in these Terms and Conditions is intended to exclude or limit your statutory rights. In addition, 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.
10.3. Should we nevertheless be held liable, the amount of the compensation shall be limited to the total amount paid by you for the Product purchased.
11. PROTECTION OF PERSONAL DATA
12. INTELLECTUAL PROPERTY
12.1. We guarantee to possess to necessary rights to offer our Products. All intellectual property rights and derived rights on these Products remain with us and/or the actual entitled party. Among these intellectual property rights are copyright, trademark, drawings and design rights and/ or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.
12.2. The content of the Website is our property. This is understood to mean: texts, graphs, photos, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is prohibited to copy, publish, reproduce or in any other way use this content without prior written permission from us.
13. FORCE MAJEURE
13.1. 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 mean a situation in which the performance of our obligations is wholly or partly, temporarily or otherwise, prevented by circumstances beyond our control.
13.2. In case of force majeure, these obligations will be suspended and we will take all reasonable efforts to limit the consequences of the situation of force majeure. In the event that the force majeure lasts longer than [one (1)] month, each Party shall be entitled to terminate the contract by giving written notice to the other Party, without the Parties owing each other any form of compensation (except for the refund of the Product paid by you and that was not delivered).
14.1. If a provision of these Terms and Conditions (or part thereof) is declared void, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In the event of nullity, validity or unenforceability, the Parties will, to the extent possible, negotiate to replace the void, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these Terms and Conditions.
14.2. The fact that we fail to demand the strict application of one of the provision of these Terms and Conditions, cannot be considered as a tacit waiver of our rights and does not prevent us from subsequently demanding strict compliance with these provisions.
14.3. These Terms and Conditions, including any reference included in de Terms and Conditions, fully reflect the rights and obligations of the Parties and supersede all previous agreements and proposals, both oral and written, including any terms and conditions of the Parties.
14.4. The Terms and Conditions apply at all times and exclusively to all present and future Agreements between you and us, except in the event of an express deviation. An express deviation is only valid to the extent that this is the result of mutual consent between you and us that is expressly 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 shall remain in full force.
15. APPLICABLE LAW/ COMPETENT COURT
15.1. To the extent legally permitted, all agreements to which these Terms and Conditions apply, shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
15.2. A Consumer may also bring a dispute about these Terms and Conditions before an independent body. You can find more information on dispute resolution for Consumers on the following website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
15.3. Any dispute concerning the interpretation or application of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in which our registered office is located, unless another court is mandatorily prescribed by law.
© 2020 deJuristen IT law and Intellectual Property (http://www.ictrecht.be). The offered information is protected under copyright legislation, which means that the information may not be reproduced or distributed without the prior written permission of deJuristen (firstname.lastname@example.org). All applicable intellectual property rights are therefore retained.