General Sales Conditions (GSC) BtoC

PREAMBLE

The site is publi­shed by the sel­ler, GOODWIN Nutri­tion srl, whose regis­te­red office is loca­ted at the fol­lo­wing address: 18th Floor — IT Tower, Ave­nue Louise, 480, 1050 Brus­sels, Bel­gium, and regis­te­red with the Brus­sels Regis­ter of Com­pa­nies under num­ber 0744 714 134.

Seller’s indi­vi­dual intra-Com­mu­ni­ty iden­ti­fi­ca­tion num­ber: BE 0744 714 134
The fol­lo­wing pro­vi­sions define the gene­ral terms and condi­tions of sale on the www.moringaboost.com website.

These gene­ral terms and condi­tions of sale (herei­naf­ter refer­red to as “GTCS”) define the contrac­tual rights and obli­ga­tions of the sel­ler and its cus­to­mer in the context of a dis­tance and elec­tro­nic sale of goods and products.

The GCS govern exclu­si­ve­ly the rela­tion­ship bet­ween the sel­ler and the cus­to­mer.
The GCS express the enti­re­ty of the obli­ga­tions of the par­ties. The cus­to­mer is dee­med to accept them without reser­va­tion, fai­ling which the order will not be validated.

In case of doubt about any of the terms and condi­tions of sale, the cur­rent prac­tices in the sec­tor of dis­tance sel­ling by com­pa­nies whose regis­te­red office is in Bel­gium and the Consu­mer Code shall apply.

The sel­ler reserves the right to modi­fy the GTC from time to time. Modi­fi­ca­tions will apply as soon as they are pos­ted online.

When the cus­to­mer clicks on the “Vali­date” but­ton after the order pro­cess, he/she declares that he/she accepts the order and these Gene­ral Terms and Condi­tions of Sale in their enti­re­ty, ful­ly and without reser­va­tion. Vali­da­tion of the order the­re­fore implies accep­tance of the Gene­ral Terms and Condi­tions of Sale.

The data recor­ded by the sel­ler consti­tutes proof of all tran­sac­tions bet­ween the sel­ler and its cus­to­mers. The data recor­ded by the pay­ment sys­tem consti­tutes proof of the finan­cial transactions.

ARTICLE 1. CATALOG OR ONLINE STORE

Through the site, the sel­ler pro­vides the cus­to­mer with a cata­log or online store accu­ra­te­ly pre­sen­ting the pro­ducts sold, without the pho­to­graphs having any contrac­tual value.

The pro­ducts are des­cri­bed and pre­sen­ted as accu­ra­te­ly as pos­sible. Howe­ver, in the event of errors or omis­sions in the pre­sen­ta­tion, the sel­ler can­not be held res­pon­sible.
Pro­ducts are offe­red while stocks last.

Prices and taxes rela­ting to the sale of pro­ducts are spe­ci­fied in the cata­log or online store.

ARTICLE 2. PRICE

Pro­duct prices are indi­ca­ted in Euros, all taxes inclu­ded, exclu­ding ship­ping and hand­ling costs. Deli­ve­ry costs are indi­ca­ted before the order is vali­da­ted by the cus­to­mer. All orders, wha­te­ver their ori­gin, are payable in Euros.

In the case of an order deli­ve­red to a coun­try out­side the Euro­pean Union, the cus­to­mer is the impor­ter of the product(s) concer­ned. Cus­toms duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the res­pon­si­bi­li­ty of the sel­ler. They will be borne exclu­si­ve­ly by the cus­to­mer, who is enti­re­ly res­pon­sible for decla­ra­tions and pay­ments to the com­petent autho­ri­ties and bodies in the coun­try concerned.

The sel­ler reserves the right to modi­fy its prices at any time, but pro­ducts will be invoi­ced on the basis of the rates in force at the time orders are regis­te­red, sub­ject to avai­la­bi­li­ty. Pro­ducts remain the pro­per­ty of the sel­ler until full pay­ment has been received.

Prices take into account taxes appli­cable on the day of the order, and any change in the rate of these taxes will auto­ma­ti­cal­ly be reflec­ted in the price of pro­ducts in the cata­log or online store. If one or more taxes or contri­bu­tions, in par­ti­cu­lar envi­ron­men­tal taxes, are crea­ted or modi­fied, either upwards or down­wards, this change may be reflec­ted in the sel­ling price of the products.

Full pay­ment must be made at the time of ordering.

ARTICLE 3. ORDER ONLINE

The cus­to­mer can fill in an order form online. By com­ple­ting the elec­tro­nic form, the cus­to­mer accepts the price and des­crip­tion of the pro­ducts.
The cus­to­mer must accept the present Gene­ral Terms and Condi­tions of Sale by cli­cking where indi­ca­ted, in order for the order to be validated.

The cus­to­mer must pro­vide a valid e‑mail address and deli­ve­ry address and here­by ack­now­ledges that any exchange with the sel­ler may take place via this address.

The cus­to­mer must also choose the deli­ve­ry method and vali­date the pay­ment method.
The sel­ler reserves the right to block the customer’s order in the event of non-pay­ment, incor­rect address or any other pro­blem with the customer’s account, until the pro­blem is resolved.

ARTICLE 4. ORDER CONFIRMATION AND PAYMENT

This is an order with a pay­ment obli­ga­tion, which means that pla­cing the order implies pay­ment by the customer.

1. PAYMENT

The cus­to­mer makes the pay­ment at the time of the final vali­da­tion of the order by spe­ci­fying his cre­dit card num­ber or his Pay­Pal identifier.

The cus­to­mer gua­ran­tees the sel­ler that he/she has the neces­sa­ry autho­ri­za­tions to use the cho­sen method of pay­ment and ack­now­ledges that the infor­ma­tion given for this pur­pose is proof of his/her consent to the sale and to the pay­ment of the sums due for the order.

In the event of dis­pute or frau­dulent use of the bank card without phy­si­cal use of the bank card (use of the bank card num­ber), any per­son may dis­pute within 70 days from the date of the tran­sac­tion by trans­mit­ting a claim in the fol­lo­wing man­ner, so that the sel­ler will bear the costs of the sale and return the dis­pu­ted sum:
by e‑mail with ack­now­led­ge­ment of receipt to the fol­lo­wing address: [email protected]
by regis­te­red mail to the fol­lo­wing address GOODWIN Nutri­tion srl, 18th Floor — IT Tower, Ave­nue Louise, 480 — 1050 Brus­sels, Belgium.

Any com­plaint not made in accor­dance with the above rules and within the spe­ci­fied time limits will not be taken into account and will release the sel­ler from all liability.

The sel­ler has set up a pro­ce­dure for veri­fying orders and means of pay­ment in order to pro­vide a rea­so­nable gua­ran­tee against any frau­dulent use of a means of pay­ment, inclu­ding by reques­ting iden­ti­fi­ca­tion data from the customer.

In the event of refu­sal to autho­rize pay­ment by cre­dit card by the accre­di­ted orga­ni­za­tions or in the event of non-pay­ment, the sel­ler reserves the right to sus­pend or can­cel the order and its delivery.

The sel­ler also reserves the right to refuse an order from a buyer who has not paid in full or in part for a pre­vious order, or with whom a pay­ment dis­pute is in progress.

2. CONFIRMATION

On receipt of vali­da­tion of the pur­chase and pay­ment by the cus­to­mer, the sel­ler will send the cus­to­mer confir­ma­tion of receipt of the order form and a copy of the contract for prin­ting, to the e‑mail address spe­ci­fied by the customer.

The sel­ler is obli­ged to send an invoice to the cus­to­mer upon delivery.

The cus­to­mer may request that the invoice be sent to an address other than the deli­ve­ry address by sen­ding a request to this effect either by cli­cking on the appro­priate but­ton when orde­ring, or by sen­ding an email to cus­to­mer ser­vice before deli­ve­ry to the fol­lo­wing address: [email protected]

In the event that a pro­duct is una­vai­lable, the sel­ler will inform the cus­to­mer by e‑mail as soon as pos­sible in order to can­cel the order for this pro­duct and refund the rela­ted price, the remain­der of the order remai­ning firm and definitive.

The cus­to­mer may always exer­cise his right of with­dra­wal within 14 days of being infor­med of the product’s unavailability.

For any ques­tions rela­ting to the tra­cking of an order, the cus­to­mer may contact cus­to­mer ser­vice by email at the fol­lo­wing address: [email protected]

ARTICLE 5. ELECTRONIC SIGNATURE

In accor­dance with the pro­vi­sions of the Royal Decree of Novem­ber 27, 2016 rela­ting to the iden­ti­fi­ca­tion of the end user of mobile public elec­tro­nic com­mu­ni­ca­tions ser­vices pro­vi­ded on the basis of a pre­paid card, the online pro­vi­sion of the buyer’s bank card num­ber and the final vali­da­tion of the order consti­tute proof of the customer’s agree­ment, of the paya­bi­li­ty of the sums due under the pur­chase order, signa­ture and express accep­tance of all ope­ra­tions car­ried out.

ARTICLE 6. PROOF OF TRANSACTION

Com­mu­ni­ca­tions, orders and pay­ments bet­ween the cus­to­mer and the sel­ler may be pro­ven by means of com­pu­te­ri­zed regis­ters sto­red in the seller’s com­pu­ter sys­tems under rea­so­nable secu­ri­ty condi­tions. Order forms and invoices are archi­ved on a reliable and durable medium consi­de­red, in par­ti­cu­lar, as a means of proof.

ARTICLE 7. METHOD OF PAYMENT

All pay­ment methods avai­lable to the cus­to­mer are lis­ted on the seller’s web­site. The cus­to­mer gua­ran­tees the sel­ler that he/she has the neces­sa­ry autho­ri­za­tions to use the method of pay­ment cho­sen by him/her when pla­cing the order.

ARTICLE 8. AVAILABILITY

Pro­duct offers are sub­ject to avai­la­bi­li­ty. For pro­ducts not sto­cked in the seller’s ware­houses, offers are sub­ject to avai­la­bi­li­ty from the seller’s sup­pliers. In this context, infor­ma­tion on pro­duct avai­la­bi­li­ty is pro­vi­ded to the cus­to­mer when the order is pla­ced. As this infor­ma­tion comes direct­ly from the seller’s sup­pliers, any errors or excep­tio­nal modi­fi­ca­tions are beyond the seller’s control. If a pro­duct is una­vai­lable after the order has been pla­ced, the sel­ler will inform the cus­to­mer by e‑mail or post as soon as possible.

ARTICLE 9. DELIVERY

Deli­ve­ry is made only after confir­ma­tion of pay­ment by the seller’s bank. Howe­ver, the sel­ler reserves the right to split deliveries.

Pro­ducts are deli­ve­red to the address indi­ca­ted by the cus­to­mer on the online order form, and the cus­to­mer must ensure that this address is correct.

Any par­cel retur­ned to the sel­ler because of an incor­rect or incom­plete deli­ve­ry address will be reship­ped at the customer’s expense.

Except in cases of force majeure, deli­ve­ry takes place, depen­ding on the method cho­sen by the cus­to­mer, within the fol­lo­wing times­cales:
Orders pla­ced from Mon­day to Fri­day, exclu­ding public holi­days, before 6:00 pm (CET) are dis­pat­ched the same day.
Orders pla­ced after 6:00 pm (CET) or on wee­kends and public holi­days will be dis­pat­ched on the first wor­king day fol­lo­wing the order.

Never­the­less, the times indi­ca­ted are ave­rage times and cor­res­pond to pro­ces­sing and deli­ve­ry times for pro­ducts des­ti­ned for Europe. The order can be dis­pat­ched within a maxi­mum of 2 wor­king days after receipt of the customer’s payment.

1. LATE DELIVERY AND NOTICE OF DEFAULT

In the event of a delay in deli­ve­ry of more than 10 days, the sel­ler will inform the cus­to­mer, who may with­draw from the contract and request a refund within 14 days of such with­dra­wal, except in the event of Force Majeure beyond the seller’s control.

A full refund of the pro­duct and deli­ve­ry charges, or reship­ment charges if appli­cable, will then be made.

This can­cel­la­tion of the contract must be sent by e‑mail to the fol­lo­wing address: [email protected]
Any denun­cia­tion not made in accor­dance with the rules defi­ned above and within the allot­ted time will not be taken into account and will release the sel­ler from any res­pon­si­bi­li­ty towards the customer.

2. ORDER VERIFICATION

If, at the time of deli­ve­ry, the ori­gi­nal packa­ging is dama­ged, torn or open, the cus­to­mer must check the condi­tion of the pro­ducts. If they have been dama­ged, the buyer must refuse the package and note a reser­va­tion on the deli­ve­ry note.

The cus­to­mer must indi­cate on the deli­ve­ry note, and in hand­writ­ten form, any ano­ma­ly concer­ning the delivery.

Pro­ducts are consi­de­red to have been che­cked once the cus­to­mer, or a per­son autho­ri­zed by the cus­to­mer, has signed the deli­ve­ry note.

If neces­sa­ry, the cus­to­mer must inform the sel­ler of any reser­va­tions by email to: [email protected]

Any reser­va­tion not made in accor­dance with the rules defi­ned above and within the allot­ted time will not be taken into account and will release the sel­ler from all lia­bi­li­ty towards the cus­to­mer.
Upon receipt of the claim, the sel­ler will assi­gn an exchange num­ber for the product(s) concer­ned and will com­mu­ni­cate it by e‑mail to the customer.

3. DELIVERY ERROR

In the event of a deli­ve­ry error and/or non-confor­mi­ty of the pro­ducts in rela­tion to the infor­ma­tion given on the order form, the cus­to­mer must sub­mit a claim to the sel­ler on the day of deli­ve­ry or, at the latest, on the first wor­king day fol­lo­wing deli­ve­ry.
Com­plaints can be made by email to: [email protected]
Any claim not made in accor­dance with the rules set out above and within the time limits set will not be taken into account and will release the sel­ler from all lia­bi­li­ty towards the customer.

4. DEFECTIVE OR NON-CONFORMING PRODUCTS

Defec­tive or non-confor­ming pro­ducts to be exchan­ged or refun­ded must be retur­ned to the sel­ler as a whole and in their ori­gi­nal packa­ging, unda­ma­ged and unopened.

Pro­ducts may be retur­ned within 14 days of receipt by the cus­to­mer to Web­ship, Oude­naar­des­traat, 84 — porte 61, 8570 Vichte, Belgium.

Items retur­ned incom­plete, spoi­led or dama­ged by the cus­to­mer will not be accepted.

Any claim or return not made in accor­dance with the rules defi­ned above and within the allot­ted time will not be taken into account and will release the sel­ler from all lia­bi­li­ty towards the cus­to­mer.
Exchanges will be made within 14 days of receipt of the pro­ducts by the sel­ler and will be sent in the name of the cus­to­mer who pla­ced the order and to the deli­ve­ry address indi­ca­ted when the order was placed.

ARTICLE 10. PRODUCT WARRANTIES

The sel­ler gua­ran­tees that the pro­ducts conform to the contract.

The pro­ducts offe­red com­ply with cur­rent Euro­pean legis­la­tion. It is the purchaser’s res­pon­si­bi­li­ty to check with local autho­ri­ties about the pos­si­bi­li­ty of impor­ting or using the pro­ducts or ser­vices he/she intends to order.

The pho­to­graphs and texts repro­du­ced and illus­tra­ting the pro­ducts pre­sen­ted are not contractual.

The cus­to­mer may make a claim under the legal gua­ran­tee of confor­mi­ty, in accor­dance with the pro­vi­sions of the Euro­pean Direc­tive of 1999 (1999/44/EC), which was trans­po­sed into Bel­gian law by the Law of Sep­tem­ber 1, 2004 and incor­po­ra­ted into the Civil Code (art. 1649bis-1649octies).

The cus­to­mer is infor­med that the sel­ler is not the pro­du­cer of all the pro­ducts presented.

For non-food pro­ducts only, the cus­to­mer has a per­iod of 2 years from deli­ve­ry of the pro­duct to imple­ment the legal gua­ran­tee of confor­mi­ty if the good does not cor­res­pond to what was orde­red, if the good does not meet the usual uses or does not present the usual qua­li­ty and ser­vices of a good of the same type, taking into account the labe­ling or adver­ti­sing. In this case, for the first six months, the consu­mer doesn’t have to prove any­thing. The buyer may demand that the sel­ler repair or replace the non-confor­ming item free of charge.

ARTICLE 11. PRODUCT UNAVAILABILITY AND REFUND

In the event of una­vai­la­bi­li­ty of an orde­red pro­duct, the cus­to­mer will be infor­med by e‑mail.
The cus­to­mer will have the option of can­cel­ling his order and will thus have the choice bet­ween reim­bur­sing the sums paid within 30 days at the latest of their pay­ment, or exchan­ging the product.

ARTICLE 12. RIGHT OF WITHDRAWAL

The cus­to­mer may exer­cise his right of with­dra­wal and return of the pro­duct within 14 wor­king days of delivery.

The cus­to­mer may exer­cise his right of with­dra­wal by contac­ting cus­to­mer ser­vice by e‑mail at the fol­lo­wing address: [email protected]

Once the cus­to­mer has com­mu­ni­ca­ted his/her deci­sion to with­draw, he/she has 14 days to return the goods.

Pro­ducts must be retur­ned to the fol­lo­wing address: Web­ship, Oude­naar­des­traat, 84 — porte 61, 8570 Vichte, Belgium.

The cus­to­mer may request an exchange or refund of the retur­ned pro­duct, without penal­ty, with the excep­tion of the return ship­ping costs, which remain at the customer’s expense.

The return or exchange of the pro­duct will only be accep­ted for pro­ducts as a whole, intact and in their ori­gi­nal condi­tion, in par­ti­cu­lar with com­plete, intact, uno­pe­ned packa­ging and in saleable condition.

The sel­ler shall reim­burse the cus­to­mer for all sums paid, inclu­ding deli­ve­ry costs and with the excep­tion of return costs, which remain the res­pon­si­bi­li­ty of the cus­to­mer, within 14 days of reco­ve­ry of the goods or trans­mis­sion of proof of dis­patch of the goods.

Cer­tain pro­ducts, due to their intrin­sic qua­li­ty, may not be sub­ject to the right of with­dra­wal and may not be reim­bur­sed, inclu­ding but not limi­ted to the fol­lo­wing:
- all made-to-mea­sure pro­ducts;
- any pro­duct which, by its nature, can­not be retur­ned;
- any per­ishable pro­duct;
Any retrac­tion or return not car­ried out in accor­dance with the rules defi­ned above and within the allot­ted time will not be taken into account and will release the sel­ler from any res­pon­si­bi­li­ty towards the customer.

ARTICLE 13. FORCE MAJEURE

The par­ties will be exo­ne­ra­ted from their obli­ga­tions in the event that a cir­cum­stance consti­tu­ting force majeure pre­vents their per­for­mance. The obli­ga­tions of the par­ties will be sus­pen­ded.
The par­ty invo­king such a cir­cum­stance must noti­fy the other par­ty imme­dia­te­ly upon its occur­rence or disappearance.

Force majeure is defi­ned as any irre­sis­tible, unfo­re­seeable, una­voi­dable event or cir­cum­stance that can­not be pre­ven­ted by the lat­ter, des­pite all rea­so­nable efforts, as defi­ned by Bel­gian case law, and in par­ti­cu­lar the blo­cking of means of trans­port or sup­plies, ear­th­quakes, fires, storms, floods, light­ning, and the stop­page of tele­com­mu­ni­ca­tion networks.

If the case of force majeure lasts lon­ger than three months, the present terms and condi­tions may be ter­mi­na­ted by the inju­red party.

ARTICLE 14. PARTIAL NULLITY

Should one or more of the sti­pu­la­tions of these Gene­ral Terms and Condi­tions of Sale be decla­red null and void by appli­ca­tion of the law, a regu­la­tion or a final deci­sion of a Bel­gian court, the other sti­pu­la­tions will retain their full force and scope.

ARTICLE 15. APPLICABLE LAW AND JURISDICTION

The sel­ler is esta­bli­shed in Bel­gium in a stable and las­ting man­ner in order to effec­ti­ve­ly car­ry out his acti­vi­ty, regard­less of where his regis­te­red office is loca­ted in the case of a legal enti­ty. Accor­din­gly, these GTC are sub­ject to Bel­gian law, to the exclu­sion of the pro­vi­sions of the Vien­na Convention.

In the event of a dis­pute or claim, the cus­to­mer should first contact the sel­ler to obtain an ami­cable solution.

Fai­ling ami­cable set­tle­ment, the cus­to­mer may bring pro­cee­dings before the court at the seller’s regis­te­red office.