Article 1 - Definitions

In these terms and conditions the following definitions apply:

1. Entrepreneur: the natural or legal person who offers products to consumers at a distance;

2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

3. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

4. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur meeting simultaneously in the same room;

5. Reflection period: the period within which the consumer can make use of his right of withdrawal;

6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

7. Day: calendar day;

8. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneur

Nutr!Food Consult BV
Perelarenlaan 8, B-3191 Hever
info@nutribreak.be
BE0752773052

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer.

3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it is consumer can be stored in a simple way on a durable data carrier.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes;

- any delivery costs;

- the manner in which the agreement will be concluded and which actions are required for this;

- whether or not the right of withdrawal applies;

- the method of payment, delivery or performance of the agreement;

- the term for acceptance of the offer, or the term for keeping the price unconditional;

- if the agreement is archived after its conclusion, how it can be consulted by the consumer;

- the way in which the consumer can become aware of acts that he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded.

Article 5 - The agreement

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4. The entrepreneur will send the following information to the consumer with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

- the e-mail address of the establishment of the entrepreneur where the consumer can go with complaints;

- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

- the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.

Article 6 - Right of withdrawal upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer.

2. During this period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of return will be for his account.

2. The entrepreneur will reimburse all payments received from the consumer, including, if applicable, the delivery costs, without delay and in any case within 14 days of the day on which it is informed of the consumer's decision to withdraw from the agreement.

3. The entrepreneur will make the refund using the same payment method as that used by the consumer during the original transaction, unless the consumer has expressly agreed to another payment method and on the understanding that the consumer may not incur any costs as a result of such a refund. .

4. The additional costs resulting from the express choice of the consumer to opt for a different method of delivery than the cheapest standard delivery offered by the company, will not be reimbursed by the entrepreneur.

5. Unless the company has offered to collect the goods itself, the company may, under the sales agreement, withhold reimbursement until it has received all the goods back.

Article 8 - Exclusion right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for:

- the delivery of goods that spoil quickly or with a limited shelf life;

- the delivery of packaged goods that are not suitable for return for reasons of health protection or hygiene and whose packaging has been broken after delivery.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.

2. The prices stated in the product range include VAT

Article 10 - Conformity and guarantee

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.

2. An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the entrepreneur's obligations towards the entrepreneur under the law. and/or the distance contract.

Article 11 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.

2. The place of delivery is the address that the consumer has made known to the company.

3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 7 days after receipt of payment, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 7 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs or to request an equivalent replacement product.

4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after dissolution.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 - Payment

1. Insofar as not later agreed, the amounts owed by the consumer must be paid upon acceptance of the agreement.

2. The consumer cannot assert any rights regarding the execution of the relevant order before payment has been made.

3. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.

Article 13 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 7 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.

Article 14 - Disputes

Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 15 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16 - Amendment of the general terms and conditions

Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Article 17 - Identity theft and credit card fraud

To ensure the security of your online visit, Nutr!Food Consult BV only works with recognized security partners. Loss or theft of your identity data is thus kept to a minimum. Nutr!Food Consult BV believes it has taken all possible and relevant precautions and thus acts as a normal, forward-looking and careful online intermediary. Any identity theft or (financial) theft cannot therefore be invoked against Nutr!Food Consult BV.