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VENTRIBIO BV
GENERAL TERMS AND CONDITIONS WEBSHOP B2B AND B2C
INFORMATION ABOUT VENTRIBIO BV Name: Ventribio
Legal form: Private limited liability company
Registered address: Berkenbroekstraat 1, 3960 Bree
VAT number: BE01101.474.131.
Telephone number: +32-488-093560
Register of legal entities: Antwerp, Tongeren department
Email address: info@ventribio.be
DEFINITIONS
APPLICABILITY
3.1. These general terms and conditions apply to every OFFER from the COMPANY and all AGREEMENTS.
3.2. These general terms and conditions will be made available to the CUSTOMER at least prior to the conclusion of the AGREEMENT in a manner that allows the CUSTOMER to store them on a durable electronic data carrier.
3.3. Acceptance of these general terms and conditions also implies that the CUSTOMER fully waives the application of its own general (purchase) terms.
3.4. The COMPANY may change these general terms and conditions at any time. The general terms and conditions that are in effect at the moment of the purchase of the PRODUCTS apply.
GENERAL – CONCLUSION AND DURATION OF THE AGREEMENT
4.1. The AGREEMENT is established once the CUSTOMER has completed the PURCHASE PROCESS. The PURCHASE PROCESS is completed when the CUSTOMER has reviewed their order, pressed the confirmation button, and completed the payment.
4.2. The AGREEMENT and the general terms and conditions remain in effect until all obligations of the CUSTOMER and the COMPANY have been fulfilled.
DESCRIPTION OF THE PRODUCTS
5.1. Each PRODUCT is provided with photos and a product description.
5.2. The COMPANY makes all reasonable efforts to ensure that colors and product descriptions are displayed as accurately as possible. This is merely an effort obligation and not a result obligation.
PRICE
6.1. The prices of the PRODUCTS are the prices listed on the WEBSITE at the time the CUSTOMER places an order.
6.2. All prices are displayed in EURO and include VAT.
6.3. Under no circumstances shall the CUSTOMER invoke Article 5.97 of the Civil Code regarding price reduction.
6.4. All prices exclude shipping costs. Delivery costs are borne by the CUSTOMER.
6.5. Before the PURCHASE PROCESS is completed, the total price, including all costs and taxes, will be displayed.
6.6. If a PRODUCT is incorrectly priced on the WEBSITE, the COMPANY will contact the CUSTOMER in writing via email as soon as the COMPANY becomes aware of the incorrect price. The CUSTOMER has the option to purchase the PRODUCTS or cancel the order in accordance with the cancellation procedure set out in Article 10. The order will only be processed after the COMPANY has received the CUSTOMER's written instructions within 14 days from the moment the COMPANY informed the CUSTOMER of the price change. If the COMPANY does not contact the CUSTOMER, or if the COMPANY does not receive a response from the CUSTOMER within the aforementioned period, the COMPANY will consider the order as canceled and will inform the CUSTOMER of this in writing via email.
PAYMENT AND PAYMENT METHODS
7.1. The CUSTOMER can pay for the PRODUCTS using the following payment methods: Bancontact, iDeal, Paypal, SOFORT Banking, EPS, Giropay, Przelewy24 (Poland), or with a credit card from Mastercard, VISA, and American Express.
7.2. If payment is made via Mastercard, Maestro, Visa, or American Express, the CUSTOMER must pay immediately at the time of completing the order.
7.3. If the CUSTOMER pays via bank transfer, the CUSTOMER's payment obligation arises at the moment of completing the order, and the CUSTOMER must complete the full payment within three (3) calendar days.
7.4. The COMPANY will only begin processing orders after receiving full payment. If the COMPANY does not receive full payment within three (3) working days after the order is completed, the COMPANY has the right to cancel the order. The CUSTOMER will be notified of this in writing, via email.
7.5. Until full payment is received, the PRODUCTS remain the exclusive property of the COMPANY.
7.6. In the event of late payment by a CONSUMER, interest and a fixed compensation will be due after a period of at least fourteen calendar days from the third working day following the sending of a registered notice of default or on the calendar day following the date on which a notice of default was sent via email. The interest rate corresponds to the rate as stipulated in the law of August 2, 2002 concerning the fight against payment default in commercial transactions, which is conventionally applicable. The fixed compensation is: for debts under €150.00: €20.00; for debts between €150.01 and €500.00: €30.00 + 10% on the amount over €150.00; for debts over €500.01: max. €65.00 + 5% on the amount over €500.00, with a maximum of €2,000.00.
In the case of non-payment or late payment by a CUSTOMER who is not a CONSUMER, any outstanding amount will automatically yield interest equal to the rate referred to in the law of August 2, 2002 regarding the fight against payment default in commercial transactions, and a fixed compensation of 10% of the total outstanding balance.
SHIPPING AND DELIVERY 8.1. Provided the purchased PRODUCTS are in stock and the COMPANY has received full payment, the COMPANY will deliver the PRODUCTS within three (3) WORKING DAYS for delivery in Belgium and within five (5) WORKING DAYS for delivery in other European countries. This is an effort obligation and not a result obligation.
8.2. The COMPANY will deliver the order to the address provided by the CUSTOMER during the PURCHASE PROCESS. The COMPANY uses Bpost, PostNL, Deutsche Post, or DHL for shipping.
8.3. The CUSTOMER will receive a confirmation email once the order has been shipped. This confirmation will include a tracking number and the estimated delivery date.
8.4. If no one is available at the CUSTOMER's address at the time of delivery, the CUSTOMER must follow the instructions of the delivery service responsible for delivering the order.
8.5. Upon delivery, the CUSTOMER must immediately inspect the PRODUCTS for any damages. If the PRODUCTS are damaged, the CUSTOMER must refuse the delivery and promptly notify the COMPANY via email addressed to info@ventribio.be. After notification, the COMPANY will provide the CUSTOMER with the necessary instructions regarding the return of the damaged PRODUCTS.
FORCE MAJEURE 9.1. Force majeure refers to any circumstance beyond the control of the COMPANY or the CUSTOMER that is unpredictable and makes the execution of the AGREEMENT completely or partially impossible. Force majeure includes, among other things, force majeure at the subcontractors of a party, war situations, riots, exceptional natural or weather conditions (floods, lightning strikes, storms, earthquakes, hurricanes, etc.), epidemiological outbreaks, national, regional, or professional strikes, exclusions, government measures, fire, technical failures of facilities, pandemic events, and any escalation or evolution thereof, terrorist acts. This list is not exhaustive.
9.2. The COMPANY is not liable or responsible for non-performance or delay in performance of its obligations under the AGREEMENT due to force majeure.
9.3. In the event of force majeure:
RIGHT TO CANCEL AN ORDER BEFORE FIRST DELIVERY (Only applicable to CONSUMERS) 10.1. The CUSTOMER has the right to cancel the order without stating a reason and without costs before the order is shipped.
10.2. The CUSTOMER can cancel the order by sending an email to info@ventribio.be. After the cancellation of the order, the CUSTOMER will receive a confirmation of the cancellation via email, and the COMPANY will refund any amounts already paid using the same payment method used for the original order.
10.3. After receiving confirmation that the order has left the COMPANY (in accordance with Article 8.2), the CUSTOMER can no longer cancel the order.
10.4. If the order is not (timely) canceled, it will be delivered, and the CUSTOMER, provided they are a CONSUMER, may return one or more PRODUCTS in accordance with the procedure described in Article 11.
RIGHT OF WITHDRAWAL AND REFUND (Only applicable to CONSUMERS) 11.1. The CONSUMER has a legal right to withdraw from the AGREEMENT in whole or in part within the period set forth in Article 11.2. The CONSUMER must inform the COMPANY in writing of their decision to withdraw from the AGREEMENT in whole or in part and receive a refund. The CONSUMER is not obliged to provide a reason for the withdrawal but is encouraged to do so. To exercise the right of withdrawal from the AGREEMENT, the CONSUMER may use the model form provided in Annex 1 of the general terms and conditions.
11.2. The CUSTOMER has fourteen (14) calendar days to withdraw from the AGREEMENT. If the delivery is of a single PRODUCT, the period starts on the day after the CONSUMER receives the PRODUCT.
11.3. If the COMPANY has not provided the CONSUMER with the legally required information regarding the right of withdrawal, the CONSUMER has twelve (12) months from the end of the initial fourteen (14) calendar day period to withdraw from the AGREEMENT. If the COMPANY provides the CONSUMER with the legally required information regarding the right of withdrawal within the aforementioned twelve (12) month period, the CONSUMER has fourteen (14) calendar days to withdraw from the AGREEMENT, counting from the day after receipt of the information from the COMPANY.
11.4. PRODUCTS qualify for withdrawal and refund only to the extent that the CONSUMER has handled the PRODUCT and packaging with care. The CONSUMER may unpack or use the PRODUCT only to the extent necessary to determine the nature, characteristics, and functioning of the product. The underlying principle is that the CONSUMER may handle and inspect the PRODUCT as they would in a physical store.
The CONSUMER cannot exercise the right of withdrawal for: (a) PRODUCTS tailored to the specifications of the CONSUMER or clearly intended for a specific person (e.g., personalized items); (b) PRODUCTS that can spoil quickly or have a limited shelf life.
11.5. If the CONSUMER decides to partially or fully withdraw from the AGREEMENT, the CONSUMER must notify the COMPANY in writing by sending an email to info@ventribio.be, clearly stating their intention to withdraw from the AGREEMENT.
The CONSUMER must return the PRODUCTS they do not wish to keep without undue delay and in any event no later than fourteen (14) calendar days after sending the notice of withdrawal to the COMPANY. The PRODUCTS must be returned to the COMPANY in the same manner in which they were received by the CONSUMER. The CONSUMER will receive the return label via email. The return label must be affixed to the packaging of the PRODUCTS that the CONSUMER wishes to return.
11.6. The costs of returning the PRODUCTS are to be borne by the CONSUMER.
11.7. In case of withdrawal, the COMPANY will refund the amounts already paid by the CONSUMER for the returned PRODUCTS within a reasonable time after receipt and inspection of the PRODUCTS, using the same payment method used for the original order. The COMPANY may refuse the refund if the CONSUMER has handled the PRODUCTS in a manner that is not allowed in a physical store.
LEGAL WARRANTY (only applicable to CONSUMERS) 12.1. The CONSUMER has the right to a legal warranty of two years under the conditions provided by applicable law. The legal warranty covers any defect or lack of conformity of the PRODUCTS that manifests itself within a period of two years from the date of delivery of the PRODUCTS. This is only applicable as long as the defect or lack of conformity is not due to incorrect or careless use of the PRODUCTS by the CONSUMER.
12.2. The CONSUMER must inform the COMPANY via info@ventribio.be about the defective PRODUCTS within a period of two (2) months after the defect became known or could reasonably have been known by the CONSUMER.
12.3. If a defect occurs within the legal warranty period of two years, the CONSUMER must follow the procedure outlined in Article 11.1. After receiving the defective PRODUCT, the COMPANY will, at the CONSUMER's choice, send a new PRODUCT or repair the PRODUCT, and the COMPANY will cover all costs related to the exchange/repair of the PRODUCTS.
12.4. The PRODUCT can only be replaced and delivered to the extent that it is still available/in stock with the COMPANY's suppliers. If repair or replacement is not possible or cannot be carried out within a reasonable time frame, the CONSUMER has the right to terminate the AGREEMENT, and the COMPANY will refund the price in accordance with Article 11.7.
WARRANTY FOR NON-CONSUMER CUSTOMERS 13.1. If the CUSTOMER is not a CONSUMER, a warranty for hidden defects applies for a period of three months, provided that: (a) the defect makes the goods significantly unsuitable for use; (b) the instructions resulting from the product, including usage instructions and any warnings, have been followed; (c) The defects have been reported in accordance with the provisions of Article 18 of these general terms and conditions within a period of two (2) months after the defect became known or could reasonably have been known by the CUSTOMER.
13.2. If a defect occurs within the aforementioned warranty period of three months, the CUSTOMER must follow the procedure outlined in Article 11.1. After receiving the defective PRODUCT, the COMPANY will send the CUSTOMER a new PRODUCT and will cover all costs associated with the exchange of the PRODUCTS.
13.3. The PRODUCT can only be replaced and delivered to the extent that it is still available/in stock with the COMPANY's suppliers. If replacement is not possible or cannot be carried out within a reasonable time frame, the CUSTOMER has the right to terminate the AGREEMENT, and the COMPANY will refund the price in accordance with Article 11.7.
USE OF PERSONAL DATA 14.1. The COMPANY uses the personal data of the CUSTOMER solely in accordance with the Privacy Policy on the WEBSITE.
LIABILITY 15.1. The liability of the COMPANY is in any case limited to direct damage, and the amount of any compensation for damages may not exceed the paid price of the PRODUCTS.
15.2. In no event shall the COMPANY be liable for damages arising from non-compliance or inadequate compliance with product and usage instructions and any warnings, and the CUSTOMER indemnifies the COMPANY against all claims from a third party in this regard.
15.3. The COMPANY commits only to supply the PRODUCTS offered on the WEBSITE. The COMPANY cannot be held liable for not achieving the CUSTOMER's intended purpose (e.g., addressing specific health issues, etc.). The COMPANY accepts no (subsequent) obligation in this regard.
15.4. The COMPANY is in no case liable for:
15.5. No claim for damages may be initiated against the COMPANY more than one (1) year after the cause of the damage occurred.
15.6. The liability limitations in this article do not apply to liabilities resulting from intentional misconduct or gross negligence by the COMPANY or other liabilities that cannot be excluded or limited by law.
COMPLAINTS PROCEDURE 16.1. If the CUSTOMER has complaints, they can contact the COMPANY via the email address: info@ventribio.be
16.2. The CUSTOMER can also submit their complaint via the online dispute resolution platform provided by the European Union, http://ec.europa.eu/odr.
INTELLECTUAL PROPERTY 17.1. The website, logos, texts, photos, names, and all communications in general are protected by intellectual property rights of the COMPANY, its suppliers, or other legitimate owners.
17.2. It is prohibited to use and/or modify these intellectual property rights. Drawings, photos, texts, logos, color combinations, etc., may not be copied or reproduced without prior written consent of the COMPANY.
NOTIFICATIONS 18.1. All written notifications occurring in the context of an AGREEMENT must be sent by email. For written notifications to the COMPANY, this must be done through info@ventribio.be. For written notifications to the CUSTOMER, the COMPANY will use the contact details (including email address) provided by the CUSTOMER during the PURCHASE PROCESS.
APPLICABLE LAW AND DISPUTES 19.1. These general terms and conditions, the OFFER, and the AGREEMENT are governed by Belgian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
19.2. All disputes arising from or related to these general terms and conditions or the AGREEMENT fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, Tongeren department.
MISCELLANEOUS PROVISIONS
20.1. The invalidity or unenforceability of any provision or clause of the general terms and conditions does not affect the validity or enforceability of any other provisions or clauses of these general terms and conditions or the general terms and conditions as a whole. In the event that the validity or enforceability of a provision or clause of these general terms and conditions is questioned or challenged, the COMPANY agrees to undertake reasonable necessary or useful actions, including rephrasing the relevant provision or clause, to ensure that such provision or clause remains fully effective and operational in a legal sense, or to replace such provision or clause with another provision or clause that has the same economic effect for all parties involved, unless such invalidity or unenforceability of the relevant provision or clause would undermine the purpose or balance of these general terms and conditions.
20.2. The COMPANY has the right to assign its rights and obligations under the AGREEMENT to a subcontractor, but this does not affect the rights and obligations under these general terms and conditions.
20.3. The CUSTOMER cannot invoke Article 5.74 of the Civil Code.
Annex 1 – Model Form for Withdrawal
(Fill out this form only and return it if you wish to withdraw from the Agreement)
To… (here the company should state its name, address, and email address)
I/We () hereby inform you that I/we () withdraw from my/our () purchase agreement for the following goods () / the delivery of the following service ():
Ordered on () / received on (*) …
Name of the consumer(s) …
Address of the consumer(s) …
Date …
Signature of the consumer(s) (only if this form is submitted on paper) …