Terms of Sales :
These general conditions are intended to define the rights and obligations of the parties arising from the online sale of the products offered by FOOD INGREDIENTS TECHNOLOGIES SPRL (hereinafter, the " Company "), on the site www.nutritism.com (ci- after, the " Site ").
The Company is established Chemin du Fundus (ME) 8, at 7822 Ath and is registered with the Central Business Bank under the number 0466.597.120She can be contacted at the telephone number +32 68 250 230, by fax at the number +32 68 250 233 by e-mail at the following address firstname.lastname@example.org.
The Company markets Nutritism products through its Site (hereinafter, the “ Products ”).
Customers and the Company are jointly referred to as Parties in these general conditions.
1.1These general conditions of sale apply exclusively to any order placed with the Company or delivery made by the Company, both in Belgium and abroad, to the exclusion of all other general or specific conditions which may have been communicated to the customer at any time.
1.2Any possible deviation from these general conditions of sale will require the express written consent of one or more persons legally authorized to act in the name and on behalf of the Company.Such an exception will only be valid for the order or delivery for which it has been agreed.
2.1 The order of a Customer is final when the Customer validates his basket on the Site, by clicking on the button "Confirm my order and Pay".
2.2 When the order is final, the Customer receives within 24 hours confirmation of the detail of it on his e-mail address.
2.3 The Company undertakes to deliver its order to the Customer from the time when the Company receives payment of the Price and the shipping costs to one of its bank accounts, and only within the limits of the available stocks of the Products.
3.1The prices displayed do not take into account the costs of processing, sending and insuring the order.These costs will be invoiced in addition to the Customer, after final validation of the order
3.2Prices are denominated in euros and always include VAT.Orders are invoiced at the prices and conditions in effect at the time of the final validation of the order on the Site.
3.3The Company is entitled to modify its prices at any time, it being understood that the Products will be invoiced on the basis of the prices displayed on the Site at the time of the final validation of the order on the Site by the Customer.
4. Shipping costs
4.1 The shipping costs cover the costs of processing, shipping and insurance for the delivery of the order.
4.2 The amount of shipping costs varies depending on the weight of the package containing the order and the country of destination.
5. Delivery times
5.1The delivery times indicated on the summary of the order begin to run from the reception by the Company of the payment of the price and the shipping costs.
5.2 These times are approximate and are given for information onlyAny delays in delivery can never give rise to compensation or the termination of the contract subject to point 5.3.
5.3 On Belgian territory, the delivery of an Order will never exceed a period of thirty days from the day on which the sale is final.Otherwise, the
Customer will be entitled to resolve the sale, without prior judicial decision and without prior notice to the Company, by simple notification to the after-sales service referred to in article 11, and without prejudice to the Customer's right to claim damages and interest for the damage suffered.
When a sale is terminated to the wrongs and grievances of the Company, the latter will be liable to the Client for damages fixed at a fixed rate of 10% of the amount up to which the sale has been terminated, plus the costs incurred by the fact of this termination, without prejudice to the right for the Customer to establish the reality of a higher damage for which he must be compensated.
5.4The order can be shipped all at once or by fractionation, at the option of the Company.
5.5 The transfer of risks linked to the Products ordered (damage, destruction, etc.) takes place at the time of delivery.
5.6 The delivery of an order may be suspended in the event of unforeseen circumstances beyond the control of the Company which prevent it from meeting the agreed delivery dateThe Company reserves the right to suspend delivery for as long as this difficulty lasts, or even to renounce delivery in application of article 10, without however being liable for any compensation with regard to the buyer.
6. Transfer of ownership and delivery
6.1In the event that notwithstanding article 5.1, the order is sent to the Customer before receipt by the Company of the price and shipping costs, the delivered Products, even if they have been modified or incorporated, remain the property of Company until full payment of the principal price, costs and interest.
6.2The Customer who refuses to receive or remove the Products presented, without making a declaration of withdrawal referred to in article 8.2, must pay the costs arising therefrom, such as storage costs and transport costs, without prejudice to other amounts that the Company will be entitled to claim following this refusal.
7. Inspection and warranty
7.1 The Products have a guarantee against hidden defects, referred to in articles 1641 and following of the Civil CodeHowever, the Company does not guarantee the Products against hidden defects of which it was not aware.
7.2 With regard to consumer Customers, the Products are the subject of a legal guarantee of conformity to the characteristics announced, enshrined in articles 1649 bis and following of the Civil Code, and for a period of two years.
7.3. The buyer is required to check the goods upon delivery thereofTo be valid, any complaint linked to an apparent defect in the Products or an order error must be notified to the Company within eight calendar days of delivery, to the after-sales service referred to in article 11.
7.4The Company is not responsible for problems resulting from the inappropriate and / or improper use of the goods, problems resulting from a case of force majeure and the fact or intentional fault of any person, including the buyer or his attendants.
8. Right of withdrawal
8.1 Except for orders for Products made according to the Customer's specifications, the Customer, if it is a consumer, has the right to withdraw from the sale without giving any reason within fourteen calendar days after the day on which the Customer or a third party other than the transporter designated by the Customer takes physical possession of the Product, provided that the Products have not yet been, even partially, consumed.
8.2 To exercise the right of withdrawal, the Customer must notify his decision to withdraw from the sales contract to the Company at the following email address email@example.com or the following postal address: Chemin du Fundus, 8 • B-7822 Ghislenghien • Belgium by means of an unambiguous declarationThe Customer can use the model legal withdrawal form, but it is not compulsory.
If the Customer submits his request for withdrawal via the aforementioned internet address or e-mail address, the Company sends the Customer an acknowledgment of receipt on the Customer's e-mail address.
8.3 In order for the withdrawal period to be respected, it is sufficient that the Customer transmits the communication referred to in article 8.2 before the expiration of the withdrawal period.
8.4 In the event of withdrawal by the Customer, the Company reimburses all payments received, including delivery costs (with the exception of additional costs arising from the fact that the Customer would have chosen, if applicable, a delivery method other than the less expensive standard delivery method offered by the Company) without undue delay and, in any event, no later than fourteen days from the day the Company is informed of the Customer's decision to withdraw from the saleThe Company will reimburse using the same means of payment as that which the Customer used for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Client.
8.5 In the event of withdrawal, the Customer must return or return the Products ordered to the registered office of the Company without undue delay and, in any event, no later than 14 days after the Customer has communicated his decision to withdraw from the contract. sale to the CompanyThis deadline is deemed to be respected if the Customer returns the Product before the expiration of the period of fourteen days.
The Customer is required to bear the direct costs of returning the Products ordered.
8.6 The Customer is only liable in the event of withdrawal due to the depreciation of the Products ordered resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of said Products.
9.1Unless otherwise stipulated in writing, orders are payable in cash on the Company's bank account upon final confirmation of the order.
9.3Payments are made on the Site via the
9.3. If the Company does not receive payment of the Price and shipping costs within fourteen days of validation of the order and has not received a withdrawal request referred to in article 8.2, the Company may unilaterally terminate the contract , without prior judicial decision and without notice to the Customer, by simple notification to the Customer at the e-mail address used for the confirmation of the details of his order, and without prejudice to the right of the Company to claim damages for the harm suffered.
9.4When a sale is terminated to the wrongs and grievances of the Client, the latter will be liable to the Company for damages fixed at 10% of the amount up to which the sale has been terminated, plus the costs incurred as a result of this termination, without prejudice to the right for the Company to establish the reality of higher damage for which it must be compensated.
10. Force majeure
10.1Any case of force majeure or fortuitous event releases the Company and the Client ipso jure from any obligation without the other Party being able to claim damages.
10.2If, in order to comply with its obligations, the Company depends on the supply of a third-party company, this article also applies to cases of force majeure or fortuitous events suffered by this third-party company when these events are of a nature to delay or hinder the Company's compliance with its obligations.
10.3Are considered force majeure, without this list being exhaustive: accidents, breakage of materials, war, natural disasters, exceptional weather conditions, fire, strike, lockout, theft and exceptional traffic jams.
The Customer may send any complaint relating to his order to the following after-sales service of the Company:
Chemin du Fundus, 8 • B-7822 Ghislenghien • Belgium Tel: +32 68 250 230 • Fax: + -32 68 250 233 Email: firstname.lastname@example.org
12. Limitation of liability clause
In the event that the responsibility of the Company is engaged due to a defect or lack of conformity of the Products sold, the responsibility of the Company is limited to direct damage, to the exclusion of indirect damage such as, and without this list is exhaustive, loss of profit, financial or commercial losses, loss of production, increase in general costs, increase in administrative costs, loss or damage to data, loss of contracts and loss of customers .
13.1The nullity of one or more of the clauses of these general conditions and / or of the contract does not affect the validity of the other clauses, and the general conditions and / or the contract will continue to have effect without this clause.
13.2The parties undertake to negotiate in good faith the replacement of the clause (s) struck down by one or more valid clauses having an equivalent economic result.
14. Personal data
14.1All the personal data necessary for the processing of an order are kept by the Company and can be transmitted to the companies with which the Company - or its suppliers - collaborate (s), when such communication is necessary for the processing of the order.The Customer also authorizes the Company to use this data to compile statistics in order to improve the services it offers.
14.2This information may also be used to enable the dissemination, by any means of communication, of information relating to the commercial activities of the Company to its customers.
14.3The Company keeps personal data to facilitate subsequent ordersThe Company further agrees not to disclose the information it has to a third partyThe data kept by the Company can at any time be requested and corrected at the customer's request to the after-sales service referred to in article 11.
14.4 In accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the processing of the personal data necessary for the processing of an order has been declared with the Privacy Commission .
The parties accept, within the framework of their relations, electronic means of proof (by way of example: email, computer backups, ...).
The Customer declares to have the legal capacity to conclude a sales contract.
17. Applicable law - Settlement of disputes
17.1The contract concluded between the Company and the buyer is governed by Belgian law.
17.2All disputes relating to the execution of the contract or the application or interpretation of these general conditions of sale will be the exclusive jurisdiction of the courts and tribunals of the judicial district of Hainaut.
In the event of discrepancy in the translation or interpretation between the French, Dutch and English versions of these general conditions, the French version prevails.