General terms and conditions
Article 1 Definitions
1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise.
The consumer: an other party who is a natural person and does not act in the exercise of a business or profession;
Article 2 General
1. These conditions apply to every offer, quotation and agreement between Sport & Nutrition and a consumer to which Sport & Nutrition has declared these conditions applicable, insofar as the parties have not explicitly deviated from these conditions in writing.
2. These terms and conditions also apply to agreements with Sport & Nutrition, the execution of which requires the involvement of third parties.
3. Any deviations from these general terms and conditions are only valid if they have been explicitly agreed upon in writing.
Article 3 Offers
1. All our offers must be considered as invitations to potential consumers to make an offer. They therefore do not bind us in any way, unless the offer itself explicitly and unambiguously states the contrary in writing.
The order given to us shall be deemed to be an offer, which shall only be deemed to have been accepted by us after written confirmation from us (the so-called order confirmation).
If no deadline has been specified, offers made by us are valid for 8 days, counting from the day of the offer.
2. The contents of leaflets, printed matter etc. are not binding on us, unless they are explicitly referred to in writing in the agreement.
Article 4 Formation of the agreement
1. The agreement is concluded by timely acceptance by the consumer of Sport & Nutritions offer.
Article 5 Delivery
1. Unless otherwise agreed, delivery will be made ex Sport & Nutrition’s shop/warehouse.
2. The delivery times stated by us commence on the day on which the agreement was concluded (provided that we have all the information we need for the execution of the order) and, if and insofar as it concerns deliveries outside the Netherlands, we have received payment of the purchase price (unless explicitly agreed otherwise).
3. The consumer is obliged to take delivery of the purchased goods at the moment they are available to him or are handed over to him.
4. The goods are delivered within Belgium, provided they are in stock and not agreed otherwise in writing, no later than 30 days after the day on which the agreement was concluded, subject to the provisions of Article 15 of these general terms and conditions (force majeure).
The goods will be delivered outside Belgium, unless otherwise agreed in writing, unless in stock, no later than 60 days after the day on which the agreement was concluded and we have received payment of the purchase price, such subject to the provisions of article 15 of these general terms and conditions (force majeure).
Delivery times are extended by the time during which the consumer has failed to pay any amount that has become due after it has become due and payable.
In the event of late delivery, we must therefore be given notice of default in writing.
5. If the consumer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the goods intended for delivery will be stored at the consumer’s risk after Sport & Nutrition has notified him. In that case, the consumer will owe all additional costs.
6. If Sport & Nutrition and the consumer agree on delivery, then the delivery of purchases will take place as follows, unless otherwise agreed.
7. If Sport & Nutrition requires information from the consumer in the context of the execution of the agreement, the delivery time will commence after the consumer has made this information available to Sport & Nutrition.
8. If Sport & Nutrition has given a term for delivery, this is indicative. A stated delivery time is therefore never a deadline. However, the final delivery time will never exceed the stated delivery time by more than one week, except in case of force majeure. If a term is exceeded, the consumer must give Sport & Nutrition written notice of default.
9. Any return shipment to us must always be carriage paid, stating reasons: if these conditions are not observed, we are entitled to refuse the return shipment and/or to return it at the expense of the consumer. A return shipment is at the expense and risk of the consumer.
Article 6 Cooling period
1. The consumer has the right to dissolve the agreement within a period of fourteen (14) working days after delivery of the goods without giving reasons. The consumer is then obliged to return the goods to us immediately. The costs of returning the goods shall be borne by the consumer.
Within 14 days after return receipt of the goods, the consumer already paid by us refunded.
Items taken from the packaging can not be returned.
2. The consumer is obliged – on pain of forfeiture of the right to complain – to test (or have tested) the goods delivered by us within 30 days after delivery. If the test reveals that there is an erroneous delivery and / or defects to goods that are externally visible, the consumer is obliged to notify us as soon as reasonably possible, but at the latest within 30 days after delivery.
This must be done by registered letter or by electronic means (by email), containing an accurate description of the complaint and stating the invoice with which the goods in question were delivered.
3. Defects that at the time of delivery and testing were not externally visible, must be brought to our attention by the consumer within 10 days after these defects have come to light, in the manner as mentioned in the previous paragraph.
4. Any right of claim of the consumer against us, relating to defects in the goods delivered by us, lapses if: – the defects have not been brought to our attention within the periods set in this article (in paragraphs 1, 2 and 3) and/or not in the manner indicated there;
– the consumer does not or insufficiently cooperate with us with regard to an investigation into the merits of the complaints; – the consumer has used the goods contrary to the regulations, or at least not in a normal manner;
– the guarantee period mentioned in the individual agreement has expired, or if no such period exists, the complaints will only be expressed after a period of more than 12 months since the day on which the goods have been delivered has elapsed; – the application and use of the goods, with regard to which the complaints have been expressed, will be continued by the consumer.
5. Complaints concerning prices and the invoice must be submitted to us in writing within 8 days after the delivery of the goods and/or the invoice date, failing which the consumer’s claims against us in this respect will lapse.
6. Submitting complaints does not give the consumer the right to refuse receipt and/or payment of the goods or to suspend them.
7. The consumer must at all times offer us the opportunity to repair any defects.
8. Defects caused by injudicious or incorrect use of the goods remain outside the warranty. We are not liable for this.
Article 7 Samples and models
1. If Sport & Nutrition has shown or provided a model or sample to the consumer, then Sport & Nutrition guarantees that the item is in accordance with it, unless the showing or providing was a way of indication.
Article 8 Retention of title
1. Sport & Nutrition retains full ownership of the delivered goods until the purchase price has been paid in full. In case of full payment of the purchase price, the ownership of the delivered goods is transferred to the consumer by operation of law.
2. We are at all times entitled to take possession of the items that are under the consumer (or third parties), but belong to us, as soon as we can reasonably assume that there is a real chance that the consumer will not meet his obligations. The above does not affect our rights under the ordinary law: in particular, we also reserve the right to claim damages from the consumer after we have taken possession of the goods.
Article 9 Investigation and complaints
1. The consumer is obliged to inspect the goods delivered at the time of delivery, but in any case within the shortest possible period of time. In doing so, the consumer must investigate whether the quality and quantity of the delivered goods are in accordance with what has been agreed, or at least whether they meet the requirements that apply to them in normal (commercial) transactions.
2. Any visible shortcomings must be reported to Sport & Nutrition in writing within three days after delivery, together with the simultaneous submission of the original invoice and the defective item, unless this is impossible or unreasonably onerous.
3. A non-visible defect must be reported by the consumer to Sport & Nutrition within eight days after discovery, but at the latest within the guarantee period, taking into account the provisions of the previous paragraph of this article. After expiry of the warranty period, Sport & Nutrition is entitled to charge all costs for repair or replacement, including administration, shipping and call-out costs.
4. If, pursuant to the previous paragraph, a complaint is made in time, the consumer remains obliged to take delivery and pay for the purchased goods. If the consumer wishes to return defective goods, this will take place with the prior written consent of the Sport & Nutrition and in the manner indicated by Sport & Nutrition.
Article 10 Transfer of risk
1. The risk of loss of or damage to the products that are the subject of the agreement, passes to the consumer at the moment when these are legally and / or actually delivered to the consumer and thus in the power of the consumer or a third party to be appointed by the consumer are brought.
Article 11 Payment
1. The consumer undertakes to pay the purchase price with one of the payment options offered on the website, unless agreed otherwise in writing. Orders placed outside Belgium can only be paid by prepayment via bank/giro or credit card.
2. The amounts owed by the consumer must be paid within fourteen days of placing the order, or if cash on delivery is chosen, immediately upon receipt of the order.
3. If a C.O.D. shipment for whatever reason is not received, then after a period of 3 weeks it will automatically be returned by post to our company. Sport & Nutrition then has the right to charge the consumer interest and administration costs as well as the full cost of packaging and shipping.
4. Objections to the amount of the invoices do not suspend the payment obligation.
5. After the expiry of 14 days after the invoice date, the consumer is in default by operation of law; from the moment of default, the consumer owes an interest of 1% per month on the amount due and payable, unless the statutory interest rate is higher, in which case the statutory interest rate applies.
6. In case of bankruptcy, suspension of payment or guardianship, the claims of Sport & Nutrition and the obligations of the consumer towards Sport & Nutrition are immediately due and payable.
7. Sport & Nutrition has the right to have the payments made by the consumer go first of all to reduce the costs, then to reduce the accrued interest and finally to reduce the principal sum and the accrued interest. Sport & Nutrition can refuse full payment of the principal sum, if the outstanding and current interest as well as the costs are not also paid.
Article 12 Suspension and dissolution
1. Sport & Nutrition has the right to suspend the fulfilment of the obligations or to dissolve the agreement, in case:
– The consumer does not or does not fully comply with the obligations under the agreement.
– After the conclusion of the agreement Sport & Nutrition becomes aware of circumstances that give good reason to fear that the consumer will not fulfil his obligations. If there is good reason to fear that the consumer will only partially or improperly fulfil his obligations, the suspension is only permitted insofar as the shortcoming justifies it.
– When the agreement was concluded, the consumer was asked to provide security for the fulfilment of his obligations under the agreement and this security was not provided or was insufficient.
2. Furthermore, Sport & Nutrition has the right to dissolve the agreement (or have it dissolved) if circumstances arise of such a nature that fulfilment of the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
3. If the agreement is dissolved, the claims of Sport & Nutrition against the consumer will be immediately due and payable. If Sport & Nutrition suspends the fulfilment of its obligations, it will retain its claims under the law and the agreement.
4. Sport & Nutrition always retains the right to claim damages.
Article 13 Collection costs
1. If the consumer remains in default for whatever reason, the collection will always be handed over for collection after repeated notice of default, increased by reasonable costs. All judicial and non-judicial costs are for the consumer’s account.
2. If Sport & Nutrition proves to have incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.
3. Any reasonable judicial and enforcement costs incurred will also be borne by the consumer.
4. The consumer owes interest on the collection costs incurred.
Article 14 Liability
1. Only if the guarantee obligations in respect of goods delivered by us have not been assumed by third parties, the consumer can assert (guarantee) claims against us as referred to in article 6 of these general terms and conditions.
Our liability in that case is limited to defects that are a result of manufacturing defects.
Our liability is also limited to the amount for which we are insured in this respect.
2. If our liability as referred to in the previous paragraph exists, we are only obliged to, at our discretion:a. (free of charge) repair of the defects, or
b. delivery of replacement goods after (return) receipt of the defective goods, or c. reimbursement of the purchase price received or crediting of the invoice sent to the consumer, with dissolution without judicial intervention of the agreement concluded, all insofar as the purchase price, the invoice and the agreement relate to the goods delivered, or
d.an indemnity to be determined in consultation with the consumer in a form other than the one referred to above.
3. If the consumer has carried out changes to the goods or has had them carried out without our prior express written consent, any guarantee obligation on our part shall lapse.
4. Subject to our possible obligation(s) by virtue of the above, we are never obliged to pay any kind of compensation to the consumer and to others, unless it concerns intent or gross negligence on our part (by the person who holds us liable with the means to prove by law).
Furthermore, we are not liable for consequential or business damage, direct or indirect damage by whatever name, including loss of profit and stagnation damage, suffered by the consumer, his subordinates and employed by him or third parties, caused by full or partial (re-)delivery of goods, delayed or faulty delivery or failure to deliver the goods or by the goods themselves. In particular, we are not liable for any damage whatsoever, which arises because laws or regulations of the (foreign) country where the goods are delivered and/or of the (foreign) country where the consumer lives or is established and/or of the (foreign) country where the goods are used, deviate from the laws or regulations in Belgium.
5. Subject to the provisions of Article 6(1) of these general terms and conditions, the consumer is not entitled to return the goods for which there is no substantiated complaint. If this happens without valid reasons, then all costs associated with returning the goods will be borne by the consumer. In that case we are free to store the goods at the expense and risk of the consumer.
Article 15 Force majeure
1. The parties are not obliged to fulfil any obligation if they are hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which they are not responsible by virtue of the law, a legal act or generally accepted practice.
2. In these general terms and conditions, force majeure is understood to mean, in addition to the provisions of the law and jurisprudence, all external causes, foreseen or unforeseen, over which Sport & Nutrition has no influence, but as a result of which Sport & Nutrition is unable to comply with its obligations. This includes strikes in the company of Sport & Nutrition.
3. Sport & Nutrition also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Sport & Nutrition should have complied with its obligation.
4. Parties may suspend their obligations under the agreement during the period of force majeure. If this period lasts longer than two months, either party has the right to dissolve the agreement, without any obligation to pay damages to the other party.
5. Insofar Sport & Nutrition has already partially fulfilled its obligations under the agreement or will be able to fulfil them at the time of the commencement of force majeure, and insofar as the fulfilled or to be fulfilled part has independent value, Sport & Nutrition is entitled to invoice the already fulfilled or to be fulfilled part separately. The consumer is obliged to pay this invoice as if it were a separate agreement.
Article 16 Disputes
1. The Commercial Court of Antwerp, or the Peace Court of Antwerp, shall have exclusive jurisdiction to hear disputes.
2. The parties shall only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 17 Applicable law
1. Belgian law applies to every agreement between Sport & Nutrition and the consumer. The Vienna Convention on Contracts for the International Sale of Goods is expressly excluded.
Article 18 Amendment and explanation of the conditions
1. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text of these general terms and conditions will always be decisive.
2. The most recently filed version or the version in force at the time of the conclusion of the agreement shall always apply.
Right of withdrawal
“With every distance contract, the consumer has a period of at least 14 calendar days within which he can revoke the contract. He can exercise this right without paying a fine and without giving a reason.”
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