General terms and conditions
Article 1 – Definitions: These terms and conditions mean:
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; VDB Nutrition NV
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.
Distance contract: an agreement concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more techniques for distance communication.
Distance communication technology: a means by which a contract can be concluded without the consumer and the entrepreneur being in the same place at the same time.
Reflection period: the period within which the consumer can make use of his right of withdrawal.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Day: calendar day.
Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time.
Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the entrepreneur
Concap (part of VDB Nutrition nv)
Poederleeseweg 9
BE - 2290 Vorselaar
Tel. 014 22 60 47
E-mail: info@concap.be
VAT number: BE0453 133 124
Article 3 - Applicability
Our general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent to the consumer as soon as possible upon request.
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 may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the entrepreneur can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a clear description of the products and/or services offered. Each product is sold per unit unless otherwise stated. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This specifically concerns:
- The price including taxes;
- Any costs of delivery;
- The manner in which the agreement will be concluded and the actions required for this;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery or performance of the agreement.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the agreement.
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 secure web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will provide the following information 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 establishment where the consumer can go with complaints;
- The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- The information about existing after-sales service;
The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
If the entrepreneur has committed to supplying a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, consumers do not have the right of withdrawal due to the nature of the goods (perishability). However, consumers can exchange products if desired. The costs of this exchange (shipping costs) are always borne by the consumer.
The right of exchange applies only and without exception provided that the expiry date at the time of arrival of the return at VDB Nutrition nv is at least 1 full month and under the strict condition that the individual packaging is not damaged, opened, wrinkled or written on.
Besides the delivery service outsourced to bpost, Concap does not offer any services, and therefore no revocation is possible.
Article 7 - Costs in case of return
Return shipping costs are always the responsibility of the consumer. There are no exceptions.
Article 8 - The price
The applicable price is the price displayed at the time of purchase on the website. If, due to unforeseen circumstances, an item is no longer available, the customer can choose other products worth the same amount at no additional cost. The prices of the products offered will not be increased or decreased during this period, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
The entrepreneur has the right to cancel and refund an order if, due to errors, a sale has been made at a price lower than the production or purchase price. This is in accordance with the law, which prohibits selling at a loss.
Article 9 - Conformity
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded.
Article 10 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The delivery address is the address the consumer provided to the company. If no specific delivery address was provided, the package will be delivered to the address listed under "Billing Address."
Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. The company may unilaterally decide to terminate the agreement for goods not yet delivered, without incurring additional costs for the consumer. Alternatively, the company may send the products later, in which case the consumer will receive notification before shipment.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
The risk of damage and/or loss of products rests with the consumer from the moment of shipment. If the package is missing, the customer can file a complaint with VDB Nutrition, which will then be forwarded to the shipping partner bpost. Please follow the procedure explained in our payment and shipping terms.
Article 11 – Payment
Payments must always precede the shipment of the goods to avoid non-payment.
The consumer cannot assert any rights regarding the execution of the relevant order before the agreed advance payment has been made.
The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
These costs are determined as follows: If payment is not received within 8 days of sending a registered letter or a third-party digital reminder to the email address linked to the sale, the debtor is obligated, pursuant to the law, to pay damages for non-payment, conventionally and irreducibly set at 12% of the unpaid amount, with a minimum of 150 euros. All complaints must be submitted by registered mail within 5 days.
Article 12 – Complaints procedure
Complaints must always be submitted by registered mail. A written report will be drawn up and accessible to the consumer at any time.
Complaints about the performance of the agreement must be submitted to the entrepreneur within 48 hours of delivery of the package, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 15 business days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 15 business days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
Article 13 Intellectual property
The consumer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or relating to the website belong to VDB Nutrition nv, its suppliers or other rights holders.
Article 14 Applicable law and competent court.
All offers from VDB Nutrition nv, its agreements, and their execution are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention or other legal texts is expressly excluded.
Article 15 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions 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.
If you have any questions about our Terms and Conditions, please contact us at +32 14 22 60 47 or info@concap.be
Disclaimer
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