Terms of service
Terms and Conditions
Definitions and scope
The general terms and conditions of sale, hereinafter referred to as "General Terms and Conditions", apply to all orders placed at Metis Supplements NV, with a registered office in Jan Verbertlele 8, 2650 Edegem, registered at the Crossroads Bank of Enterprises under the number 0684.708.845, hereinafter referred to as the "seller".
The present General Terms and Conditions constitute the agreement that links the seller and the customer, they will jointly be called the "Parties".
The "customer" is every natural person or legal person who orders products at the seller.
The "consumer" is the customer, natural person, who acts for purposes that fall outside his trade, business, craft or professional activity.
The present general terms and conditions are the only application between the parties.
These conclude the general or special conditions of the Customer who have not explicitly accepted the seller in writing. The General Terms and Conditions can be consulted free at any time on the Seller's website: www.metissupplements.nl, so that the customer at the customer Placing an order must declare that he has taken note of the general terms and conditions and confirms that he accepts the resulting rights and obligations.
The seller reserves the right to change these general conditions at any time, without prior notice, subject to such changes to his website. These changes will apply to the orders of products that are subsequently placed.
Offer and order
To place an order, the customer chooses the product (s) that he wishes to order by surfing on the seller's website, he completes the requested data, checks the accuracy of the order and then performs the payment from .
After the seller has received confirmation of payment due to the banking institution, he sends the customer a summary of his order. In this summary, among other things, the order number, the ordered products and their prize, the present general terms and conditions or a link to these terms and conditions, as well as an indication of the probable date of delivery or execution of the order.
The seller reserves the right to suspend, cancel or refuse the customer's order, in particular if the data communicated by the customer manifests turns out to be incorrect or incomplete or if a dispute exists regarding the payment of A previous order.
In the event of cancellation of the order by the customer, for whatever reason and except for force majeure, after it was accepted by the seller, the seller will be acquired a sum of 30% of the price of the order by the seller for a division of compensation and interest be invoiced to the customer.
The price of the products and / or services is displayed in euros, including taxes.
Any increase in VAT (value added tax or any new tax that would be imposed between the time of the order and delivery and / or implementation will automatically be charged to the customer.
Any delivery costs are not included in the price shown, but are calculated separately in the course of the ordering procedure, depending on the way and place of delivery, as well as depending on the number of products ordered.
Unless otherwise express written acceptance by the seller, the delivery and / or implementation periods stated in the general terms and conditions are not expiry periods. The seller cannot be held liable, unless it concerns a significant delay that is due to his serious mistake.
The Customer cannot invoke the delivery and implementation periods in terms of the agreement, cannot claim any compensation or interest and may, if otherwise express written acceptance by the seller, cannot apply any other claim.
In the event of a delay in the delivery of more than thirty working days, the customer will submit a notice of default to the seller by registered letter, so that the latter then has 50% of the prescribed period to get the product (s) ordered (s) to deliver.
Retention of title
The seller remains the owner of the ordered products until the day of full payment.
The ownership of the products is only transferred to the customer after collection or delivery of the articles and after an integrated payment of the order. As an exception to Article 1583 of the Civil Code, the goods sold or installed or installed remain the exclusive property of the seller to the day of overall payment of the invoice. As long as the payment of the selling price was not carried out, the customer is prohibited to pledge the articles to donate or use it to guarantee, in any way. The customer is explicitly prohibited to make changes to the articles to make this real estate through incorporation or destination, to sell them in any way.
As long as the seller has the ownership of the delivered goods, in accordance with the provisions of this clause, the customer remains liable for the maintenance and good condition of these products. During this period, only the customer can be liable for the loss or any damage to the products. If necessary, the customer undertakes to ensure the products at any risk. The Customer also undertakes to maintain the products in such a way that they cannot be confused with other products and it is clear at all times that the goods are owned by the seller.
Right of withdrawal
In accordance with article VI.47 of the Economic Law Code, the consumer orders that remote products at the seller has a term of 14 calendar days from, as regards products, the day of delivery of the products or notification that they are available At the agreed collection point, to inform the seller that he wishes to refrain from the purchase, without having to give up any compensation and without motif.
If this period expires on a Saturday, Sunday or a holiday, it will be extended to the next working day.
The consumer can make his will make known to the purchase from a form to withdrawal that is placed online on the website of the seller, via a form that is transferred together with the order form or is available on the website of the FPS Economy , SME, SME, Self-employed and Energy: Economy.fgov.be, or through a statement from which the will revocation of the agreement appears to be indisputably.
The consumer will send it (the) product (s) of which he wishes to reject in perfect condition and in his (their) original packaging.
Only the direct costs for returning the goods are exclusively at the expense of consumers.
The seller will refund the amount paid by the customer as soon as possible to the latter, and at the latest within 14 days from returning the products.
The consumer who opens or uses a product before the expiry of the period within which the right of withdrawal can be exercised is deemed to make his right of withdrawal.
The consumer explicitly accepts that the ordered service is already carried out before the expiry of the 14-day period and acknowledges that this embodiment leads to loss of this right of withdrawal, this right of withdrawal, in accordance with Article VI.53 of the Economic Law Code, will cannot exercise anymore.
The consumer will also not be able to exercise his right of withdrawal if he is in one of the other exceptions aimed by Article VI.53 of the Economic Law Code, in particular in the case of the goods manufactured according to consumer specifications Or that were clearly personalized.
Cancellation of the order
The Customer who does not meet the conditions to use the withdrawal rights described in the previous clause of the present general terms and conditions and who wishes to be canceled his order must inform the seller of this that the customer will in turn inform the customer with with regard to the procedure to be followed.
The possible advance payment paid to the seller by the customer will not be refunded to the customer. If no advance was paid by the customer, the seller has the right to claim a cancellation compensation from the customer amounting to 30% of the price of the products and / or services that were part of the order accompanied by the customer.
Delivery of the order
The delivery times indicated by the seller are only provided to indicatively and do not connect the seller. A slowdown in the delivery of the order can therefore under no circumstances give rise to any compensation, interest, breakdown of the agreement and / or suspension of customer's obligations.
The order will only be delivered to the customer or will only be carried out after integrated payment. The transfer of ownership and the risks takes place at the time of the integrated payment of the order. The Customer is therefore informed that he is the only manner to bear the risks associated with delivery.
The products offered for sale by the seller are only offered to the extent to which they are in stock.
In case of unavailability of one or more products after payment of the order, the seller undertakes to inform the customer here as soon as possible and offers the customer's choice between reimbursement, a change to his order or a delayed delivery As soon as the relevant products are available in stock.
Receipt of the order and complaints
The customer is obliged to compare the enclosed order form, as well as the conformity of the products that are delivered or that he picked up at the collection point provided for this purpose, with the products that he ordered.
Any complaints must be submitted in writing within a period of 7 days following the delivery of the order or following the notification that the order is available at the collection point provided for this purpose. In the absence of the complaint in the aforementioned manner and within the specified period, this cannot be taken into account and the customer is deemed to have accepted the order in a definitive way.
If a complaint appears to be well-founded, the seller / service provider has the choice between replacing the product or refund the price of these products.
Intellectual property rights
The information, logos, drawings, brands, models, slogans, the corporate identity, etc. that are accessible via the website or the catalog of the seller are protected by intellectual property rights.
Subject to prior and explicitly otherwise circumventing, the customer is not permitted to change, reproduce, rent, lending, sell, distribute, exhibit, distribute, disseminate, disseminate, disseminate, disseminate, dissipate, disseminate, disseminate, dissipate, or too much or to to create.
Subject to if this is expressly deviated from, the agreed price does not in any case hold a transfer of intellectual property rights and / or industrial rights in any way.
o Legal warranty for all customers
In accordance with Articles 1641 to 1643 of the Civil Code, the seller is obliged to safeguard the products against the hidden defects that make the products unsuitable for use to which they are intended, or that reduce this use in such a way that the customer, if He had known the defect, the products would not have purchased or only for a lesser price.
In the event of a hidden defect, the customer must act within a short term, in accordance with Article 1648 of the Civil Code. The customer will have the choice to either give the product affected by a hidden defect against integral refund of the price, or retain the product if partial reimbursement of the price.
The seller is not obliged to safeguard the products against the visible defects that the customer has observed or could have observed at the time of the sale. The seller is only obliged to safeguard the customer against hidden defects that he himself was aware of at the time of the sale and that he has not reported to the customer.
Only the invoice, the cash register or order form apply to the customer as a guarantee certificates regarding the seller. These documents must be kept by the customer and to be submitted in their original version.
o Additional legal guarantee for customers who have the capacity of consumer
In accordance with Article 1694quater of the Civil Code, the Customer who has the capacity of consumer has a 2-year legal guarantee for every lack of conformity that existed at the time of the delivery of the product and that occurs within a period of 2 year from this delivery.
This warranty consists of the, consumer-free, repair or replacement of the defective products.
However, if the repair or replacement for the seller appears to be impossible or exceeding if it would cause a serious nuisance to the consumer, the seller can be proposed by the seller an appropriate price reduction or a reimbursement to the consumer, provided that the defective products are returned. by the consumer.
If the replacement parts or specific accessoria, necessary for the repair of the product, are no longer available at the manufacturer, the seller cannot be held liable for the loss of the possibility of using the product.
The consumer is obliged to undertake the seller in writing and within a maximum of two months from the day on which he has determined the defect of this defect, on pain of loss of his complaint law.
Only the invoice, the cash register or order form apply to consumers as warranty certificates with regard to the seller. These documents must be kept by the consumer and to be submitted in their original version. The warranty period starts on the date stated on these documents.
This warranty cannot be applied if the defect is due to incorrect use, an external cause, poor maintenance, normal wear or any use that is not in accordance with the manufacturer's instructions or the seller.
In the event of damage, theft or loss of a product submitted to repair, the liability of the seller is limited to the selling price of the product at all times. The seller cannot in any case be held liable for the loss or reproduction of the data stored on or through electronic devices that are returned to repair.
Generalities. The Customer acknowledges and accepts that all obligations to which the seller is obliged should be expressly stated and that they cannot be held liable, with the exception of deception and gross error. In the hypothesis in which the customer demonstrates the existence of a coarse error or deception on the seller's existence, the damage to which the customer can claim is limited to the material damage that is the direct consequence of the error that is accused of the seller , excluding all other damage. In any case, this damage may not exceed 75% (excluding taxes) of the amount that has been effectively paid by the customer in execution of the order.
The customer also acknowledges that the seller is not liable for any direct or indirect damage caused by the products delivered, such as the loss of income, the increase in general costs, the loss of clientele, etc.
The seller is not responsible if the customer was passed on the wrong data, or if a third party is placed in the name of the customer.
Finally, it will come to inform the customer with regard to any limitations or customs duties charged by his country on the ordered products. The seller can therefore not be held liable if the customer is confronted with any limitation or the payment of additional levies pursuant to the policy pursued by his country with regard to this matter.
Materials. If the customer imposes a certain process to the seller or imposes materials from a particular quality, or a predetermined type or origin, this despite the reservation that written and motivated by the seller was made, then the seller is relieving of any liability relating to On the defects of the product that cause their cause in the choice of the aforementioned process or the aforementioned materials.
Internet and new technologies
The customer recognizes the limitations and the risks associated with the use of the internet or any other means to be made available to the website today or in the future. The customer also recognizes the risks associated with the numerical or electronic storage and transfer of data.
The Client accepts, having regard to the aforementioned risks, that the seller cannot be held liable for the damage caused by the use of the website (as well as any applications) of the seller or by the internet.
The Customer accepts, among other things, that the electronic communication exchanged and the backups realized by the seller can serve as proof.
Case of force majeure or coincidence. The seller may not be held liable or contractually liable in the case of temporary or permanent non-execution of his obligations if this non-execution is due to a case of force majeure or coincidence.
Are considered in particular as cases of force majeure or from coincidence: 1) the loss or overall or partial destruction of the seller's IT system or its database, if one of these events cannot reasonably be accused of the seller and if It cannot be demonstrated that the seller has left all reasonable measures to be able to avoid these events, 2) earthquakes, 3) fire, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) Non-fitted strikes, 8) Lock-outs, 9) Blockades, 10) Upperes and riots, 11) A suspension of the utilities (such as electricity), 12) A defect in the internet connection or databases, 13) a defect in the Telecommunication networks, 14) A loss of the connection to the internet connection or with the telecommunications networks whose seller depends, 15) a fact or a decision of a Third third that affects the proper implementation of the present agreement or 16) any other cause that escapes the reasonable audit of the seller.
Unforeselability. If, pursuant to circumstances independently of the will of the seller, the latter can no longer meet his obligations or if the execution of these obligations has become more expensive or more difficult, the customer and the seller undertake to get in good faith and in a loyal way A reasonable period of time to re-understand the contractual conditions in order to restore the balance. In the absence of agreement within a reasonable period of time, each party will have the right to terminate the agreement and the contractual relationships that connect the parties without any compensation of any kind to be due.
Breaking the agreement. In the event of insolvency of the customer or in the event of unpaid debts, even if they are reproducing from previous agreements between the customer and the seller, the seller is entitled to suspend the execution of his obligations until the day of integrated payment by the customer of all outstanding debts.
In the event of a non-execution of its client's obligations, the electroplated agreement may immediately break to the customer, without having to owe any compensation. This break from the agreement may, where appropriate, give rise to payment of compensation and interest by the customer to the seller.
Illegality. Expressless otherwise express provision, the possible irregularity or invalidity of a clause, a paragraph or a provision (or of a part of a clause, a paragraph or a provision) will not have any influence on the validity of the other clauses, paragraphs or provisions of The present general terms and conditions, nor on the remaining part of this clause, paragraph or provision.
Titles. The title used in the present general terms and conditions will only be used for reference and ease. They in no way influence the meaning or scope of the provisions they indicate.
No distance. Inertia, the negligence or delay of a party in the implementation of one of its rights or means in application of the present general terms and conditions cannot in any case be regarded as a distance from this right or means.
Applicable law and competent courts. These general terms and conditions are subject to Belgian law.
In the event of dispute with regard to the validity, interpretation, implementation or delivery of the goods, the parties agree to launch a mediation procedure before proceeding to any other method of dispute resolution.
Where appropriate, the parties in mutual consultation appoint a recognized mediator of the Federal Conciliation Committee (Simon Bolivarlaan 30 (WTC III), 1000 Brussels - https://www.fbc-cfm.be/nl) or let them recognized a third party appoint mediator.
Once a mediator was appointed, the parties determine the modalities of mediation together with the mediator.
Each party can put an end to the mediation procedure at any time, without prejudice to any other rights.
In the event that the mediation procedure fails, the courts of the following judicial district are competent: Antwerp.