Article 1 – Definitions: The following definitions apply to these terms and conditions:
- Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance; Nutraya NV
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded.
- Technique for distance communication: means that can be used for closing an agreement, without the consumer and entrepreneur being together in the same room at the same time.
- Grace period: The period within which the consumer can make use of his right of withdrawal
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the reconsideration period.
- Day: calendar day.
- Duration transaction: a remote agreement relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time.
- Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Concap (property of Nutraya nv)
BE - 2290 Vorselaar
Tel. 014 22 60 47
VAT number: BE0808 698 601
Article 3 - Applicability
Our general terms and conditions apply to every offer made by the entrepreneur and to every contract concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer as soon as possible, at the consumer's request. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer, at his request, by electronic means or otherwise. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the entrepreneur can always invoke the applicable provision that is most favourable to him.
Article 4 - The offer
If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the
The offer contains a good description of the products and/or services offered. Each product is sold
per unit, unless stated otherwise. The description is sufficiently detailed to allow the consumer to
make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection
of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- The price including taxes;
- The possible costs of delivery;
- The way in which the agreement will be concluded and which actions are required for this;
- Whether or not the right of withdrawel is applicable;
- The method of payment, delivery or implementation of the agreement.
Article 5 - The agreement
The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate safety measures. The entrepreneur can – within legal frameworks – inform himself whether the consumer can fulfil his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation. The entrepreneur will make the following information available to the consumer with the product or service, online or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The visiting address of the entrepreneur's business establishment where the consumer may lodge complaints;
- The conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- The information about existing service after purchase;
The data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement; If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - The right of withdrawal
When purchasing products, the consumer does not have the right of withdrawal due to the nature of the goods traded (perishability). However, the consumer can exchange products if desired. The costs of this (shipping costs) shall be borne by the consumer. The right of exchange only applies, without exception, if the expiry date at the time of arrival of the return consignment at Concap is at least 1 full month and under the strict condition that the individual packaging is not damaged, creased or written on. Concap does not offer any services other than the delivery service outsourced to Bpost, which is why no withdrawal is possible.
Article 7 - Costs in the event of return
The costs of return shipment shall always be borne by the consumer. No exceptions to this are possible
Article 8 - The price
The applicable price is the price indicated at the time of purchase on the website. If, due to unforeseen circumstances, a product can no longer be obtained, the customer may choose other products for the same amount at no additional cost. The prices of the offered products are neither increased nor decreased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. These fluctuations and the fact that any prices mentioned are target prices, are stated with the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a) these are the result of statutory regulations or provisions; or
b) the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 9 - Conformity
The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded.
Article 10 - Delivery and execution en uitvoering
The entrepreneur will take the greatest possible care when receiving and executing product orders.
The place of delivery is the address that the consumer has given to the company. If no specific delivery address has been provided, the parcel will be delivered to the address listed under billing address. Subject to what is stated in Article 4 of these General Terms and Conditions, the company shall execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. The entrepreneur can decide unilaterally to rescind the contract for the goods not yet delivered at no additional cost to the consumer. On the other hand, it is also possible that the trader will send the products later, in which case the consumer will receive a message before dispatch.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
The risk of damage and/or loss of products rests with the consumer from the moment of dispatch. If the parcel is lost, the customer can file a complaint with Bpost.
Article 11 – Payment
Payments must always precede the dispatch of the goods, in order to prevent non-payment. The consumer cannot assert any right regarding the execution of the order concerned before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. In the event of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.
These costs are determined as followed: In the event that payment does not follow within 8 days of a registered letter being sent, the debtor shall be obliged, pursuant to the law, to pay damages for non-payment, conventionally and irreducibly set at 12% of the amount not paid, with a minimum of 150 Euros. All complaints must be made by registered mail within 5 days.
Article 12 – Complaints procedure
Complaints must always be reported by registered letter. A written report will be made of this,
which is accessible to the consumer at all times.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after receipt of the package, complete and clearly described.
Complaints submitted to the entrepreneur shall be responded to within a period of 15 working days,
calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the
Article 13 Intellectual property
The consumer expressly acknowledges that all intellectual property rights to the information, communications or other expressions concerning the products and/or the internet site belong to Nutraya nv, its suppliers or other entitled parties.
Article 14 Applicable law and competent court
All offers of Nutraya nv, its agreements and their implementation are governed exclusively by Belgian law. Applicability of the Vienna Sales Convention or other legal texts is expressly excluded.
Article 15 - Additional or different provisions
Additional provisions or provisions that deviate from these General Terms and Conditions must be stipulated in writing or in such a way that the consumer can store them in an accessible manner on a long-term data carrier.
If you have any questions about our Terms and Conditions, please contact us at +32 14 22 60 47 or email@example.com.