GENERAL SALES CONDITIONS OF NUTRICO NV
Article 1 : Contact - Client services
TVA BE 0452 924 870
Fax: 011 29 47 40
Article 2: Scope
These General Sales Conditions ("GSC") rule the sales of products (the "Products") done on the Internet web site www.performanceshop.be (the "Site") between the customers (the "Client") and NUTRICO S.A. ("NUTRICO").
Any order by the Client implies his adhesion without any reservation whatsoever to the GSC. The GSC are the only applicable to the relations of NUTRICO with its Clients, to the exclusion of any document emanating from the Clients. Derogation from the GSC can only take place via a written agreement duly executed by NUTRICO.
Article 3: Warranties and Representations of the Client
The Client warrants and represents to NUTRICO that he is major of age and has full legal competence to commit himself with regards to these GSC.
The Client warrants and represents to NUTRICO that the acquisition of Products by himself is unrelated to any professional activity and is exclusively destined to private usage.
Article 4: Orders
The Product orders can be done only via the Site by following the procedure as indicated. The order is binding as soon as the Client confirms his order by clicking on the button "Confirm order".
Once the order confirmed, the Client shall receive a confirmation e-mail meaning acceptation of the order by NUTRICO.
NUTRICO reserves however the right to annul or not to confirm an order in case of lack of payment of the order, insolvency of the Client, or previous payment default.
Article 5: Price
The price of the Products published on the Site is to be read in Euro, all costs and taxes included, to the exclusion of (1) delivery costs and (2) customs and importation costs for deliveries outside of the European Union. An estimation of the delivery costs can be made on the Site.
The prices to be considered are the prices published on the Site at the moment of the consultation. The prices may change without prior mention. NUTRICO does not warrant the availability on its Site of rebates that may be available through other channels.
The payment is made (1) online by credit card only via a securitized transaction through the OGONE® system, or (2) by bank wire on NUTRICO's account.
Article 6: Delivery
The usual delivery lead time for the Products by NUTRICO in Belgium is of two (2) business days from reception of the payment by NUTRICO. For other countries, the lead time may vary (usually from two to five business days) and the Client is kindly required to check it with NUTRICO.
However, in case of unavailability of the Product in the stock, or in case of delay of payment, NUTRICO reserves the right to delay the delivery. In case of long duration unavailability, NUTRICO will update the Client. The Client will then have the right to cancel his order.
One order may be delivered by several different expeditions.
Article 7: Withdrawal
In accordance with the Belgian Act on Commercial Practices and Consumer Information and Protection, the Client has the right to inform NUTRICO that he renounces to the acquisition, without any penalty and without any motive, within seven (7) business days from the day after delivery.
In this case, the Client will have to return to his cost to NUTRICO the unopened and undamaged Products. Within thirty (30) days of the reception, NUTRICO shall reimburse the full price of the Product (including package and delivery costs).
After this delay of seven (7) business days, the delivery of the Product shall be considered as satisfactory and, except latent defects of the Product, no claim may be addressed to NUTRICO.
Article 8: Responsibility
NUTRICO disclaims any liability in cases of force majeure or Act of God, including a stocks rupture, act of state, strikes (including strike of habitual suppliers or transporters), or if the information supplied by the Client is incorrect or incomplete.
The products are in conformity with Belgian and European regulatory requirements. NUTRICO cannot be held liable for the non-conformity of the Products to the regulatory requirements or legislation of other countries.
NUTRICO reminds its Clients that the Products are Food Supplements that cannot be substituted to an equilibrated alimentation or to a healthy lifestyle. The Products are not medical drugs. NUTRICO is not responsible for an inadequate use of the Products.
The liability of NUTRICO is, in any case, limited to reimbursing the price of the Product, in that including the packing and delivery costs.
Article 9: Property Transfer Reservation
The transfer of property of the Products is subordinated to the full payment, without reservations, of the price (including packing and delivery costs), being understood that the Client supports nevertheless the risks of damage to and by the Products during transportation.
Article 10: Information Available on the Site
Despite the best efforts of NUTRICO, inexact information, incorrect information or omissions may appear in updating the information presented on the Site. NUTRICO cannot be held liable for these inexact or incorrect information or omission, including the case where the price on the Site is clearly wrong. The photos and presentations on the Site are only for informational purpose and are not contractual.
Article 11: Personal Data
NUTRICO commits to handling the data provided by the Client on the Site according to the applicable legislation, and more particularly the Belgian Act of December 8th, 1992 on the protection of privacy.
The Client's data may be used by NUTRICO to send them commercial offers or information on its products. The right for NUTRICO to transfer the Client's data to third parties will remain conditioned to the prior agreement of the Client.
In conformity with the legislation, each Client has the right to access, rectify the information or request its suppression with regards to his personal data. This right can be exercise by taking up contact with NUTRICO.
The Client's personal data is conserved by NUTRICO for a period of one (1) year after the last order by the Client.
Article 12: Intellectual Property
The trademarks, names, logos, packages and composition of the products, whether they be registered or not, are the intellectual property of NUTRICO, and the Client is only authorized to use them to private ends. Any partial or full reproduction of the Site, and of any text or image appearing on the Site, is strictly forbidden.
Article 13: Conflicts
Any litigation that may not have been solved amicably shall be definitively decided by the Commerce Tribunal of Brussels (Belgium), in French. The Belgian law shall be the sole law applicable.