These terms and conditions are binding upon Vitality-life, a company headquartered at 1020 Brussels, avenue Mutsaard 80/53, business registration number 0821746287 (telephone 02.479 06 27, e-mail firstname.lastname@example.org (“Vitality-life”) and upon any person ("the customer") wishing to purchase goods ("the products") online via the website www.vitality-life.be ("the site"). Vitality-life and the customer are hereinafter referred to jointly as "the parties".
These terms and conditions apply solely to natural persons and non-trade customers. A customer wishing to make a purchase certifies his or her authorisation to do so. Under no circumstances may anyone declared unfit pursuant to the provisions of articles 1123 and following of the Belgian Civil Code make purchases via the site. Consulting the site and the services it provides falls under the competence of the legal representative of the unfit person. The legal representative must abide by these provisions.
In respect of personal data, the legal representative must in all instances complete the registration form in person or formally authorise the unfit person to complete the aforesaid form, provided that all the provisions governing personal data set out in article 11 remain in force.
The parties agree that all legal relations between them are governed exclusively by this agreement, excluding all terms and conditions previously mentioned on the site. Should any rule be lacking, reference will be made to the legal requirements for "distance sales" imposed by Belgium's Market Practices and Consumer Protection Act of 6 April 2010.
These terms and conditions apply to online sales by Vitality-life on Belgian territory. The object of these terms and conditions is to define terms of sale between Vitality-life and the customer as regards ordering, service, payment and delivery. They establish the procedures necessary in order to place an order and guarantee the processing of the order between the contracting parties.
The customer may order online using the order numbers quoted on the site. Online orders will only be processed if the customer is clearly identified.
In all cases, identification of the customer must contain the following minimum information, which the customer guarantees is accurate and truthful:
The customer's final confirmation of the order indicates acceptance of the order at the price quoted. The customer's confirmation serves as a signature and as formal acceptance of all operations carried out via the site. Any order placed online presupposes acceptance of these terms and conditions of sale, of the prices quoted and of the description of the product offered for sale.
An e-mail is sent automatically to the customer to confirm acceptance of the order, subject to the e-mail address supplied in the registration form being error-free.
Vitality-life undertakes to fulfil orders placed via the site while stocks last. If the product or products become permanently unavailable, Vitality-life undertakes to inform the customer accordingly by e-mail without loss of time.
4. Cancelling an order
The customer may cancel or modify an order by informing Vitality-life of the cancellation or modification at the following address. The customer must clearly indicate the order numbers concerned.
The customer may choose between:
Delivery of the products via the Kiala delivery service to a Kiala Collection Point selected by the customer. The customer is aware of the fact that Kiala's terms and conditions apply to the delivery and shipment of the products and accepts those terms and conditions. When collecting the purchased products from the designated Kiala Collection Point, the customer is required to present valid proof of identity, without which the products cannot be released. The order will be available for collection by the customer from the Collection Point for a period of 14 calendar days, following which the products will be returned to Vitality-life.
The customer may also opt for home delivery via bpost. The customer is aware of the fact that bpost's terms and conditions apply to the delivery and shipment of the products and accepts those terms and conditions.
The delivery dates quoted by Vitality-life are given purely as an indication and are therefore not binding. Vitality-life nevertheless undertakes to deliver the products as swiftly as possible. Under no circumstances, however, may failure to meet the quoted delivery date constitute grounds for compensation or for termination or breach of the contract of sale.
6. Price – Promo codes
All prices are quoted inclusive of VAT and products are billed at the price applicable on the day of the customer's order. Transport costs are not included. The parties agree that Vitality-life will bill transport costs for each order.
The order price is the price quoted on the site on the day the order is processed.
Promo codes are valid on e-orders placed via the site. Promo codes cannot be combined with other reductions.
Unless otherwise agreed by the parties, all sums due are payable at the time of ordering by bank transfer to the account of Vitality-life with Banque Argenta: BIC: ARSPBE22XXX IBAN: BE42 9795 9857 2554
8. Right of retraction
The customer has a period of 14 calendar days from the day following delivery of the product to withdraw from the contract, without penalty and without being required to state the reasons for such withdrawal.
Vitality-life undertakes to reimburse the customer all sums paid within a period of 30 days from the customer's retraction. Products reimbursed are to be returned at the customer's expense.
Following the 14-day retraction period, the customer is deemed to have accepted the delivery.
9. Guarantee of Satisfaction
We pay special attention to the quality of the products and guarantee your satisfaction. Should you not be entirely satisfied, however, please return the product to us so that we can replace it free of charge, offer you a credit note for the purchase of another product of the same value, or reimburse you in full. This guarantee does not apply to: products used for purposes and in environments other than for those which they were intended; products deliberately damaged or used incorrectly; products subject to return within a specific period; and/or products covered by a specific guarantee. This guarantee is valid solely within Belgium. The guarantee is additional to your other legal rights and does not affect them in any way .
10. Complaints regarding billing
The parties agree that complaints regarding billing and/or other sums due will only be considered if made to Vitality-life by registered letter within 7 days of the sum in question falling due, and that such complaints are presented precisely and in detail. Formulating a complaint, however, does not release the customer from the obligation to pay.
Vitality-life's liability is limited to the value of the product, whatever the legal grounds on which Vitality-life is considered liable. Vitality-life is subject only to an obligation of best efforts as regards access to the site, delivery or any other services. Vitality-life may not be held liable for problems or prejudice caused by use of the Internet (system failure, third-party intrusion or virus) or by any fact considered in law as force majeure.
The products are delivered by the Kiala delivery service or by bpost. Vitality-life is not liable for any late delivery attributable to the carrier, or for lost articles or strikes. The customer is aware of the risks of transport and should address any questions on this subject to the carrier.
12. Data protection and privacy
Vitality-life reserves the right to gather data on customers, for internal use only, both directly, in the form of data provided by customers when placing an order and indirectly, in the form of cookies, for example. In accordance with the Belgian Data Protection and Privacy Act of 8 December 1992, customers have the right at all times to consult, modify and delete such data if they no longer wish to receive information on our activities. To exercise this right, customers should write to the Vitality-life Customer Service Department.
13. Intellectual property
All components of the Vitality-life site, in both visual and sound form and including the technology employed, are protected by copyright, trademarks or patents or, more generally, by intellectual property rights, and remain the exclusive property of Vitality-life. Customers with their own website wishing to create an automatic link between their site and the Vitality-life home page must request formal authorisation to do so from Vitality-life, even for strictly personal use. Any hypertext link linking to the Vitality-life site using the technique of framing or in-lining is, however, strictly forbidden. Vitality-life may at any time require the removal of a link.
14. General remarks
These terms and conditions can only be modified by a written agreement, duly signed by Vitality-life and the customer. The invalidity of any one provision contained in these terms and conditions will have no influence on the validity of all other provisions and will therefore not invalidate those provisions.
The customer has read these terms and conditions and accepts all provisions, conditions and prices.
The customer undertakes to inform Vitality-life without delay and by registered letter of any change of address.
The contract is executed between Vitality-life and the customer in the language of the site.
These terms and conditions and any legal consequences arising from them are subject solely to Belgian law. Any litigation that might arise from these terms and conditions is subject to the jurisdiction of the judicial district chosen by the applicant in accordance with the provisions of article 624 of the Belgian Judicial Code.