Terms of service

Article 1. Identity of the Seller and the Buyer
Seller :
Nutrisan NV
Registered office: Oude Molenstraat 94, 9100 Sint-Niklaas, Belgium
VAT number: BE 0474.269.424
RPR Ghent, Dendermonde Division
Email: info@nutrisan.com | Tel: 03/778.81.11

Consumer / Buyer : Any natural person acting exclusively for purposes outside their trade, business, craft, or professional activity who enters into a distance contract with Nutrisan NV.

Products :  All nutritional, phytotherapeutic, and related supplements, goods, and services offered by Nutrisan NV in its online store.

Article 2. Applicability and Binding ForceArticle 2. Applicability and Binding Force
2.1. These general terms and conditions apply exclusively to every offer, every quotation, every order placed and every distance contract concluded between Nutrisan NV and the Consumer via the webshop. Any general or special terms and conditions of the Consumer are expressly excluded and are void.
2.2. By placing an order on the webshop, the Consumer expressly acknowledges and declares that they have taken note of these general terms and conditions and accept them unconditionally and in full. The tick during the ordering process serves as irrefutable proof of acknowledgement and acceptance.
2.3. Should one or more provisions of these general terms and conditions at any time be declared wholly or partially void, invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The parties undertake to replace the void provision with a valid provision that approximates the original intention of Nutrisan NV as closely as possible.
2.4. Only persons aged 18 or over have the legal capacity to place an order. Nutrisan NV reserves the right, in case of doubt, to request proof of identity and, in the event of refusal or failure to provide such proof, to cancel the order immediately.

Article 3. Product Information, Changes and Medical Disclaimer
3.1. Nutrisan NV offers dietary supplements via its online shop. The products offered are intended exclusively for normal, private and strictly personal use. Commercial resale or any other business use by the Consumer is strictly prohibited and will result in the immediate termination of the contract and compensation for damages.
3.2. The information, texts, images, dosage recommendations and product descriptions on the webshop are compiled with the utmost care. Nevertheless, all information is purely indicative and non-binding. Nutrisan NV cannot be held liable for any material errors, printing or typesetting errors.
3.3. MEDICAL DISCLAIMER: The information on the webshop, on the packaging or in any communication from Nutrisan NV is purely informative and in no way replaces medical advice, a medical diagnosis or treatment by a qualified doctor or therapist. Dietary supplements are not medicines and should not be used as a substitute for a varied, balanced diet and a healthy lifestyle. The Consumer must strictly adhere to the recommended daily dosage and keep the products out of the reach of young children. In case of doubt, pregnancy, breastfeeding, existing medical conditions or concurrent use of medication, the Consumer must always consult a doctor or pharmacist prior to use.
3.4. Nutrisan NV reserves the sole right to unilaterally amend, restrict or discontinue its product range, product specifications, packaging and prices at any time and without prior notice.

Article 4. Prices and Right of Correction
4.1. All prices listed on the webshop are expressed in euros (€) and include the statutory Belgian VAT, unless expressly stated otherwise.
4.2. Prices exclude delivery, postage or administration costs, unless the total order amount is €75 or more (see Article 6). Any applicable costs will be communicated to the Consumer before the order is finalised and paid for.
4.3. Nutrisan NV expressly reserves the right to correct material and obvious pricing errors (such as obvious programming errors, typographical errors or system errors whereby a product is displayed at an unrealistically low price). Obvious errors or mistakes in the price quotation are not binding on Nutrisan NV, even after the dispatch of an automatic order confirmation. In such a case, Nutrisan NV has the right to cancel the order and to refund the amount already paid by the Consumer in full, without the Consumer being entitled to claim any form of compensation or delivery at the incorrect price.

Article 5. Conclusion of the Agreement and Right of Withdrawal
5.1. An agreement between Nutrisan NV and the Consumer is only definitively concluded at the moment that Nutrisan NV expressly confirms the order, either manually or automatically, via an email sent to the email address provided by the Consumer, and provided that the payment has been successfully approved by the payment provider.
5.2. Nutrisan NV reserves the absolute and discretionary right to refuse, cancel or subject a placed order to additional conditions at any time, without giving reasons and without this giving rise to any right to compensation. This right may be exercised, inter alia (but not exclusively), in the following cases:

  • In the event of suspected abuse, fraud, bad faith, or commercial resale by the Consumer.
  • If the information provided by the Consumer proves to be incomplete, incorrect or unreliable.
  • In the event of payment difficulties, previous outstanding debts or a refusal of approval by the financial institution.
  • In the event of technical errors, stock shortages, unforeseen depletion of stock or delivery problems with suppliers.
  • In situations of force majeure or unforeseen circumstances that make the normal performance of the agreement impossible or disproportionately burdensome.

5.3. Payment must be made immediately upon placing the order via the electronic payment methods made available on the webshop. If the payment is not successfully completed, the order shall be deemed null and void by operation of law.

Article 6. Delivery, Timeframes and Transfer of Risk
6.1. Deliveries are made exclusively within Belgium. Orders with a total net value of €75 or more (including VAT and after deduction of any discounts) qualify for free standard delivery. For orders under €75, delivery charges will be applied as stated during the ordering process.
6.2. Nutrisan NV endeavours to process and dispatch orders as quickly as possible. However, the delivery times stated by Nutrisan NV are purely indicative and do not constitute a guarantee of performance. Under no circumstances shall a delay in delivery entitle the Consumer to compensation, termination of the contract or refusal of the goods. In accordance with the law, the Consumer is only entitled to terminate the contract free of charge if Nutrisan NV has not delivered the goods within a period of thirty (30) days following written notice of default by the Consumer.
6.3. The risk of loss, theft, damage or destruction of the products passes in full to the Consumer from the moment the products are physically delivered to the delivery address specified by the Consumer, or from the moment of collection by the Consumer, or a third party designated by the Consumer. If delivery fails due to an incorrect address provided by the Consumer, all additional costs for re-dispatch or return shall be borne in full and exclusively by the Consumer.

Article 7. Right of Withdrawal and Statutory Exclusions
7.1. The Consumer has a statutory right of withdrawal of fourteen (14) calendar days to withdraw from the contract without giving any reason. This period expires 14 days after the day on which the Consumer, or a third party designated by the Consumer (who is not the carrier), has taken physical possession of the goods.
7.2. Withdrawal Procedure: In order to validly exercise the right of withdrawal, the Consumer must notify Nutrisan NV of their decision by means of an unambiguous written statement before the expiry of the withdrawal period. This must be done in advance by email to:info@nutrisan.com and may use the model withdrawal form in Appendix 1 of these General Terms and Conditions of Sale. 
The Consumer will then receive the necessary return instructions. The goods must be returned without delay and in any event no later than fourteen (14) calendar days after the date of the notice of withdrawal to the following address: Nutrisan NV, Oude Molenstraat 94, 9100 Sint-Niklaas, Belgium. The direct costs and risk of the return shipment shall be borne in full by the Consumer.
7.3. STRICT CONDITIONS FOR RETURNS: The products must be in an impeccable, completely unused and undamaged condition. They must be returned in the original, unopened and undamaged packaging. If the product or packaging has in any way diminished in value due to handling that goes beyond what is necessary to establish the nature and characteristics of the product, Nutrisan NV reserves the right to deduct the depreciation from the refund or to refuse the return in full.
7.4. EXCLUSION OF THE RIGHT OF WITHDRAWAL: In accordance with Article VI.53, 5° of the Belgian Code of Economic Law, the right of withdrawal may under no circumstances be exercised for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal (such as the plastic film, the sealing strip or the cap seal) has been broken after delivery. For hygiene reasons, opened, partially used or used food supplements will NEVER be accepted for return or refunded.
7.5. Refund: Provided all strict conditions are met, Nutrisan NV will refund the amounts received from the Consumer for the relevant products, including standard delivery costs (excluding any additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery offered by Nutrisan NV). The refund will be made within 14 calendar days from the day on which Nutrisan NV is notified of the withdrawal. Nutrisan NV nevertheless reserves the legal right to withhold the refund until it has actually received all the goods back at , or until the Consumer has conclusively demonstrated that they have returned the goods, whichever occurs first.

Article 8. Warranty, Conformity and Complaints Procedure
8.1. The Consumer is entitled to the statutory warranty for lack of conformity existing at the time of delivery of the goods, in accordance with Belgian consumer legislation. Given the specific, natural and perishable nature of food supplements, this warranty is limited to the intrinsic quality of the product upon delivery and the stated use-by date.
8.2. Storage Obligation and Instructions: The Consumer is obliged to store and handle the products strictly in accordance with the specific instructions and storage guidelines stated on the packaging (e.g. store in a cool, dry and dark place). Any defect or deterioration of the product attributable to incorrect storage, abnormal use or negligence on the part of the Consumer shall render the guarantee null and void.
8.3. Reporting of Defects: The Consumer is obliged to report any visible defects, external damage or incorrect deliveries immediately and at the latest within forty-eight (48) hours of the physical receipt of the goods, in writing and in detail, to Nutrisan NV via info@nutrisan.com, accompanied by clear photographic evidence. After this 48-hour period, the delivered goods shall be deemed to have been unconditionally accepted and any claim under warranty for visible defects shall be irrevocably excluded.

Article 9. Exoneration and Limitation of Liability
9.1. Nutrisan NV shall under no circumstances be held liable for damage of any kind (direct, indirect, material or immaterial) arising from:

  • The incorrect, careless, reckless or abnormal use or misuse of the products by the Consumer.
  • Failure to comply with the specific storage instructions, the recommended daily dosage or the medical disclaimers stated on the packaging and the webshop.
  • Individual sensitivities, allergic reactions, intolerances or unforeseen physical reactions of the
  • Consumer to the ingredients of the products.
  • Indirect damage, consequential damage, loss of profit, lost opportunities or damage to third parties.

9.2. Nutrisan NV’s total, cumulative contractual and non-contractual liability for any shortcomings in the performance of the agreement is strictly limited at all times and in all circumstances to the amount actually paid by the Consumer for the specific products that gave rise to the claim.

Article 10. Force Majeure (Hardship)
10.1. Nutrisan NV shall not be liable for any total or partial non-performance, delay or failure in the performance of its obligations if this is the result of force majeure or a cause beyond ’s control to which it cannot reasonably be held responsible. Force majeure includes, but is not limited to: strikes, lockouts, transport difficulties, logistical delays with postal or courier services, technical faults in the webshop or IT infrastructure, power cuts, pandemics, epidemics, quarantine measures, fire, natural disasters, war, terrorism or mandatory government measures.
10.2. In the event of a force majeure situation, Nutrisan NV’s delivery and other obligations shall be suspended by operation of law for the entire duration of the force majeure situation, without Nutrisan NV being liable for any compensation or damages. If the force majeure situation persists for more than sixty (60) calendar days, both parties shall be entitled to terminate the agreement in writing, with the sole obligation being the refund of the products already paid for but not delivered.

Article 11. Privacy and Data Protection
11.1. Nutrisan NV processes the Consumer’s personal data exclusively in accordance with the applicable data protection legislation, including the General Data Protection Regulation (GDPR) and Belgian privacy legislation.
11.2. For detailed information on how Nutrisan NV collects, processes and secures personal data, and the rights the Consumer may exercise in this regard, please refer to the current Privacy Policy, which is permanently available on the webshop.

Article 12. Applicable Law, Competent Court and Complaints
12.1. All legal relationships, offers, orders and agreements between Nutrisan NV and the Consumer shall be governed exclusively by Belgian law, to the exclusion of the Vienna Sales Convention (CISG) and without prejudice to the mandatory consumer protection enjoyed by the Consumer under the law of their habitual residence.
12.2. In the event of a dispute, the parties undertake to seek an amicable solution in the first instance. Complaints and comments may be submitted in writing, stating the reasons, to customer services via info@nutrisan.com or by post to the registered office of Nutrisan NV.
12.3. If an amicable settlement proves impossible, all disputes arising from or in connection with the contract shall be submitted exclusively to the competent courts of the judicial district in which the registered office of Nutrisan NV is situated (East Flanders, Dendermonde division), unless mandatory provisions of international or national consumer law mandatorily prescribe a different court.
12.4. In the event of unresolved disputes, the Consumer may also turn to the Belgian Consumer Ombudsman Service or the European Commission’s online ODR platform (ec.europa.eu/odr) for out-of-court dispute resolution.
12.5. The original and only legally binding language of these terms and conditions is Dutch. Any translations into other languages (such as French or English) are provided solely as a commercial service and as a courtesy to the Consumer. In the event of any contradiction, difference in interpretation or ambiguity between the Dutch text and a translation, the Dutch version shall at all times take precedence and be exclusively binding.

 

Appendix 1: Model withdrawal form
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
— To
[the company must enter its name, address and email address here]
……………………………………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………..
— I/We (*) hereby give notice that I/we (*) withdraw from our contract for the sale of
the following goods (*)/provision of the following service (*)
……………………………………………………………………………………………………………………………………………………………..
— Ordered on (*)/Received on (*)………………………………………………………………………………………………………
— Name(s) of consumer(s) …………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………..
— Address of consumer(s) ………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………………..
— Date …………………………………………………………………………………………………
— Signature of consumer(s)
(only if this form is submitted on paper)
……………………………………………………………………………………………………………………………………………………………..
(*) Please delete as appropriate.