1) Field of application: All commercial transactions concluded between the Naamloze Vennootschap (PLC) “BODY&BESS”, headquartered in 9160 Lokeren, Weverslaan 23, VAT no. BE0533.703.007, RPR Dendermonde (hereinafter “BODY&BESS”) and the Customer, only and solely as concluded via the Web Shop http://www.bodyandbess.com (hereinafter “Web Shop”), are subject to the GTCs. BODY&BESS is a specialist retailer in care products based on raspberry seed oil (hereinafter “Product(s)”); it strives to sell to professional and private clients through its Web Shop.
By placing an order/purchasing, the Customer acknowledges familiarity with the GTCs of BODY&BESS and accepts them. These GTCs always take precedence over terms and conditions of the customers, even if they determine these to be solely applicable.
These GTCs are without prejudice to the legal rights that are bindingly provided to the Customer based on Belgian laws concerning the protection of customers.
The possible invalidity of one or more provisions of these GTCs shall not affect the applicability of all other clauses. If one of the provisions becomes invalid, BODY&BESS and the Customer will, within the scope of what is reasonable and appropriate, come to an agreement on a valid provision that replaces the invalid provision and best approximates the purpose of these GTCs.
The fact that BODY&BESS does not strive to rigidly enforce one of the provisions of these GTCs cannot be interpreted as an implicit agreement to distance itself from those rights that are granted to BODY&BESS by these GTCs; it does not prevent BODY&BESS from enforcing rigid compliance with these provisions later on.
BODY&BESS reserves the right to modify or change its GTCs at any time. It is the responsibility of the customer to consult these GTCs regularly.
2) Conclusion of an online purchase: Only after receival of the confirmation email sent by BODY&BESS by the customer is the purchase, which comes into being through the Web Shop, concluded. This confirmation email is only sent by BODY&BESS after correct payment of the order by the customer. Amendments or additions to the conclusion of the purchase are only valid if made in writing by both parties.
BODY&BESS reserves the right, under consideration of the safety and security of the Customer, to request additional information and to reject the execution of a purchase/order with failing compliance. BODY&BESS also reserves to right to reject orders that show that the Customer strives to resell the Products themselves.
If BODY&BESS is not capable of performing the purchase/order of the ordered Product for objective reasons, as might be the case but is not limited to the Products being out of stock, BODY&BESS will inform the Customer hereof within 7 calendar days after the date of the aforementioned confirmation email. Any monetary amounts already received shall be reimbursed within 14 days after the date of the receival of the confirmation email. The Customer can in no case claim resulting damages from BODY&BESS.
BODY&BESS reserves the right to cancel an order/purchase if this is based on incorrect Customer information provided in the Web Shop system. In this case, BODY&BESS reserves the right to claim damages for the costs incurred.
3) No right of withdrawal: Based on Article VI.53 of the Wetboek van Economisch Recht (Code of Economic Law) of 28 February 2013, the Customer/Client does not have the right to withdraw from a purchase of a Product, due to the limited shelf life of the Products sold. If there are to be Products offered without a limited shelf life at a certain point in time, the Customer/Client will have the right to withdraw from a purchase of a Product within 14 days without paying a fine or providing a reason, in accordance with Article VI.47 of the Wetboek van Economisch Recht (Code of Economic Law) of 28 February 2013. This withdrawal can only take place by using the standard form provided in the Web Shop of BODY & BESS N.V.
The costs of returning the provided Products that might fall under the right of withdrawal will always be borne by the Customer/Client. The returned Product may in no case be used or opened and should be in the same condition as it was at the moment of delivery. Moreover, the Product should be returned in the original packaging, undamaged, to allow BODY & BESS N.V. to provide the Product for sale again to its other customers. The return shipment should include all provided documents, warranty certificates, and the packaging receipt.
A professional Customer never has the right of withdrawal.
4) Price: The Products are sold for the prices listed in the Web Shop at the moment the Customer places the order. BODY&BESS reserves the right to modify the prices indicated in the Web Shop at any time.
All prices are in euro and include VAT (in accordance with the VAT rules and tariffs for international purchase agreements); however, it might exclude potential delivery, shipping, or other administrative costs if the opposite is not explicitly mentioned.
Potential shipping and/or delivery costs will always be indicated separately. BODY&BESS might opt for free shipment of certain Products for promotional reasons, provided that this is announced as such in the Web Shop at the moment the order is submitted.
Insofar as the prices are based on the currently applying costs of raw materials, wages, social security contributions and public taxation, transportation costs and insurance premiums, material costs, exchange rates, and/or other costs, BODY&BESS reserves the right to raise or lower its prices if one or more of these costs is raised or lowered at any time, following legal standards.
5) Delivery: The stated expected delivery date is always just an approximation. Delivery after the foreseen period can never result in a fine, compensation, subrogation, or cancellation of the agreement at the expense of BODY&BESS, with the exception of intent or gross negligence of BODY&BESS.
Previously stated delivery deadlines shall lapse automatically in the event of any changes to an order. BODY&BESS is in no way liable for delays that are the result of failure of its suppliers. The Customer is not relieved of its duties if BODY&BESS does not deliver in time.
Unless explicitly agreed otherwise, the Product will be DELIVERED AT PLACE (Incoterms 2010) at the delivery address provided by the Customer. If the Customer is not present during delivery, the carrier will leave a request to schedule another delivery. By means of this, the carrier and Customer will agree on the location where the Products will be offered to the Customer again; the Customer shall not bear any costs associated with transportation of this second delivery or risks associated hereto. If the Customer is not present at the time the Products are offered for the second time, they shall bear any costs associated with transportation of this second delivery and risks associated hereto.
BODY&BESS will determine the shipping method and the use of means of transportation in a reasonable manner. After delivery, the Customer bears the risks for the goods to be delivered.
6) Payment: The Customer can only pay online for orders/purchases via the Web Shop, using a special payment module as provided in the Web Shop of BODY&BESS.
BODY&BESS commissions external professional and specialised partners that operate a payment platform to process its online transactions. The financial data of the Customer, which are entered within the context of the online payment, are only exchanged between the external partner and the financial institutions involved. BODY&BESS cannot access the Customer's confidential financial data.
Online payments are completed using secure protocols. All online payments are subject to the GTCs of the external operator of the payment platform; moreover, the operator bears the solely responsibility for the correct conclusion of all online payments.
7) Retention of title: BODY&BESS reserves the retention of title of the Products sold to the Customer as long as the Customer has not paid the price, costs, interests, and other associated financial obligations in full. Before the transfer of ownership, the Customer is not allowed to sell, transform, or to make claims regarding to the Products.
8) Visible and hidden defects: The Customer shall perform an initial inspection directly upon delivery of the Product. This obligation to perform a direct inspection applies, among other things, to: (this list solely serves illustrative purposes) amount and dimensions, conformity of the delivery, visible defects, correct location(s), etc. The Customer shall report verifiable deviations within 48 hours after delivery to BODY&BESS in writing – failure to comply herewith results in the loss of rights.
Customers/Clients have a two-year warranty for hidden defects, starting from the delivery data of the Products (delivery notes). The Customer shall report hidden defects within 48 hours after their discovery to BODY&BESS using the contact form in the Web Shop – failure to comply herewith results in the loss of rights.
If no complaints are submitted within the stated periods, it is assumed that Customers have both approved and accepted the delivered Products.
After ascertaining the existence of any defect, the Customer is obliged to immediately discontinue their use of the Product and take all reasonable precautions to prevent (further) damage, as well as to store the Product in a correct manner. Failure to comply with these obligations constitutes ground for inadmissibility. The guarantee or indemnification for hidden defects in no way applies if the defect is caused by incorrect use of or care for the Product.
The Customer can in no case return the Products to BODY&BESS without agreeing with the latter-mentioned term. BODY&BESS reserves the right to, together with the Customer, inspect the defects and ascertain their causes on-site. BODY&BESS is in no way reasonable for the loss of or damage to returned Products until BODY&BESS has accepted these in its warehouses.
All claims for indemnification are voided in the case of processing, modification, repair by the client or third parties, or abnormal or exceptional use and/or wear of the Products or damage caused by force majeure.
The Customer shall bear the costs incurred by BODY&BESS as a result of unjustified claims.
The obligations that BODY&BESS has relating to the aforementioned defects are limited to the, by own volition and judgement of BODY&BESS, (complete or partial) replacement or reimbursement of the missing or faulty Products or Products that do not correspond to the order, as a result of any discussions pertaining thereto.
If performing the aforementioned services subject to the guarantee are not or no longer possible or reasonable according to BODY&BESS, the Customer is entitled to demand reasonable compensation up to the price of the defective Product(s).
The Customer recognises that BODY&BESS does not guarantee that the Products comply with legal provisions or requirements of any place of jurisdiction other than Belgium.
9) Usage: The Web Shop contains a section on the correct use of the Products. By purchasing a Product, the Customer acknowledges familiarity with these guidelines and declares their intent to comply with these; BODY&BESS is not liable for any damages resulting from usage that does not correspond to these guidelines.
10) Electronic invoicing: By placing an order via the Web Shop, the Customer explicitly consents to the use of electronic invoicing by BODY&BESS, if no deviating terms have been agreed upon by the parties in writing.
11) Promotions: Promotional additions on the side of BODY&BESS, in whichever form (such as but not limited to price reductions, free shipping, etc.) shall always be used following the guidelines explicitly indicated in the Web Shop. In any event, these can only relate to one (1) order, they cannot be accumulated and are personal in nature.
12) Liability: The liability of BODY&BESS is limited to the reimbursement for direct damages up to a maximum amount equal to the price paid for the defective Product (excluding VAT) and is always limited to the liability that is imposed bindingly by legal provisions.
BODY & BESS is in no way obliged to compensate indirect damages, such as but not limited to loss of income, damage to third parties… BODY & BESS is also not liable for damages that are directly or indirectly caused by an act of the Customer or third party, regardless of whether these are caused by erroneous or negligent action-taking.
13) Force majeure: IF BODY&BESS is unable to perform its obligations due to force majeure or if the performance thereof is made unreasonably more difficult, it has the right to fully or partially and temporarily, for the duration of this force majeure event, or indefinitely suspend these actions, without being subject to a notice period or liable for damages. The following are usually considered instances of force majeure: war, blockade, riots, strikes or lock-outs, confiscation, a lack of transport means, a general shortage of raw material or products, limitations on energy use, either on the part of BODY&BESS or on the part of one of its suppliers.
14) Selection of jurisdiction and competent court: Disputes solely fall under the jurisdiction of the courts of the district where BODY&BESS has its corporate headquarters, unless BODY&BESS decides that the courts of the district where the Customer is headquartered or resides are also competent. Belgian Law is applicable, with the exception of Articles 1 through 4, Article 40, and Article 89.