This text has been translated from the original Dutch version. In the event of conflicts between versions in different languages, the Dutch version prevails.

1. General

1.1       Nutrifarma NV, with registered office in Heist op den Berg, is registered in the Crossroads Bank for Enterprises (KBO) under number BE0458087349.

1.2       Only these conditions apply to the relationship between Nutrifarma NV and the customer, who acknowledges acceptance of them when placing the order.

2. Offers and price quotes – conclusion of the agreement

2.1       Offers and quotations are made with all reservations and without obligation on the part of Nutrifarma NV. Offers and quotations always only apply for the time stated in the quotation, in principle 14 days after it was drawn up. No rights can be derived from past offers or quotations for future orders.

2.2       Any order submitted to us directly or indirectly, including via our representatives or agents, is only accepted after we have confirmed it in writing by letter or email.

2.3       Any cancellation of an order by a customer must be made in writing or by email. The invoice for the goods already delivered must be paid, regardless of the cancellation. A credit note and refund will be issued by Nutrifarma NV if the goods already delivered are returned in their original new condition at the customers own expense, within 5 working days after delivery.

No returns will be accepted after 5 working days, except in the event of incorrect delivery by Nutrifarma.

3. Execution of the agreement

3.1       The delivery period is provided for indicative purposes only and is therefore not binding for Nutrifarma NV, unless expressly agreed otherwise between the parties.

However, a delay in delivery cannot give rise to a fine, compensation, termination of the agreement or refusal to accept the product.

3.2       Partial deliveries are permitted. Nutrifarma NV reserves the right to invoice these partial deliveries as the goods are delivered.

4. Price

4.1       The agreement is concluded in accordance with the prices stated on the quotation/order confirmation and the payment method provided therein, except in the event of mutually agreed deviations from the original quotation or order confirmation that were confirmed by Nutrifarma NV.

4.2       All prices are exclusive of VAT and delivery costs, unless explicitly stated otherwise. The VAT is borne by the buyer.

5. Payment

5.1       Any invoice addressed to the customer, the amount of which has not been settled or not fully settled on the due date, will be increased by operation of law by a fixed and non-reducible compensation equal to 10% of the amount due without notice of default being required, without prejudice to legal and enforcement costs. In addition, late payment interest is legally due in accordance with the statutory interest rate under the Act of 2 August 2002 on combating late payment in commercial transactions, without the need for prior notice of default, without prejudice to legal and implementation costs. Each month started is considered a full month. Partial payments will first be used to cover costs, interest and damages and then be deducted from the main balances.

5.2       Without prejudice to the provisions of Article 7, the customer must protest Nutrifarma NV's invoices, in the event of a dispute, by means of a substantiated registered letter within a period of 8 calendar days after receipt thereof, under penalty of forfeiture.

6. Force majeure

6.1       If Nutrifarma NV cannot execute the order due to force majeure, including accidents, illness, epidemics, fire, war, strikes, lock-outs, uprisings, delays at suppliers, lack of transport material, etc., Nutrifarma NV has the right to terminate the agreement without any further compensation to the customer. In this case, the delivery period will be extended by operation of law.

7. Complaints and warranty

7.1       All complaints relating to the delivered products must be reported in writing within 14 calendar days to Nutrifarma NV. Invisible defects must be reported in writing immediately after discovery. A defect that is not reported in time will void any right to repair or replacement. The receipt of a complaint by Nutrifarma NV cannot be regarded by the customer as a sign that Nutrifarma NV considers the complaint to be timely or justified.

7.2       Nutrifarma NV is only liable for damage that is the direct and a demonstrable consequence of a shortcoming attributable to them. Nutrifarma NV can under no circumstances be held liable for all other forms of damage such as business damage, damage due to delay, loss of use and profit. The liability of Nutrifarma NV is in any case limited to the amount of the invoice value excluding VAT for the order in question.

8. Transfer of Rights

8.1       The customer only becomes the owner of or receives the right to use the delivered products from the moment he has fulfilled all his obligations towards Nutrifarma NV.

8.2       Notwithstanding the provided retention of title, the risk regarding goods passes to the customer at the time of delivery.

9. Intellectual Property

9.1       The documents provided to the customer before or after the conclusion of the agreement are protected by copyright and remain the property of Nutrifarma NV. They may not be used, copied or reproduced by the customer without the latter's permission.

9.2       If intellectual property is created in the contractual relationship with the customer, the intellectual rights remain with the customer, unless otherwise agreed.

10.Privacy

10.1     For the execution of the agreement, Nutrifarma NV must have the following customer information: name, address, telephone number, e-mail address and billing information. Nutrifarma NV is responsible for the processing of this data. The processing of this data is necessary for the execution of this agreement and will not be used for other purposes.

10.2     In certain circumstances, Nutrifarma NV is obliged to pass on the customer's personal data. This occurs if the law, regulations or legal proceedings oblige Nutrifarma NV to do so or if it is requested to do so by government authorities in the context of actions to enforce the law or if Nutrifarma NV believes that it is necessary to collect these personal data from to the customer to prevent damage or financial losses, and this in the context of an investigation into fraud or other illegal activities, but also when this is necessary for the execution of the agreement as concluded with the customer.

10.3     If Nutrifarma NV sells or transfers all or part of its activities or assets, it reserves the right to also transfer all personal data of the customer. In that case, Nutrifarma NV will make the necessary efforts to inform the customer of this and to ensure that the person who obtains the personal data also uses it in accordance with this article.

10.4     The customer has the right to view his data at any time and to correct them if necessary.

10.5     Nutrifarma NV ensures an appropriate administrative, technical and physical security policy, whereby the customer's personal data is protected against accidental, unlawful or unauthorized destruction, loss, access, disclosure or use.

11. Miscellaneous and dispute resolution

11.1     These general terms and conditions of sale do not affect the exercise by Nutrifarma NV of all other legal or contractual rights to which it is entitled.

11.2     The customer is prohibited from transferring his rights and obligations under the agreement concluded with Nutrifarma NV without the prior written consent of Nutrifarma NV. Any unauthorized transfer will be automatically void.

11.3     Any failure by Nutrifarma NV to demand the implementation of the provisions of these general terms and conditions of sale will not imply a waiver or renunciation of the application of these or any other provisions.

11.4     The invalidity of one or more provisions of these general terms and conditions of sale does not affect the application of the other provisions.

11.5     In the relationship between Nutrifarma NV and the customer, only Belgian law applies. Any dispute will be submitted by Nutrifarma NV to the courts of the district where Nutrifarma NV is established, without prejudice to the right for Nutrifarma NV to take legal action before the courts of the customer's jurisdiction.