GENERAL TERMS AND CONDITIONS
- Identity of the Company
|Lekbaardersstraat 1, 3500 Hasselt, BELGIUM
|+32 473 692874
- Company: Ellen Devos, a company incorporated under the laws of Belgium, with registered offices at Lekbaardersstraat 1, 3500 Hasselt, Belgium,and with commercial name DrinkSalt, maintaining a place of business at the same address, registered with the Crossroad Database for Enterprises under number BE 0656.943.188;
- Website: The website of the Company, accessible on the URL: www.drinksalt.com;
- Ts&Cs: These general terms and conditions;
- Products: All products available for purchase on the Website;
- Customer: Every natural or legal person having full legal capacity who purchases or will potentially purchase Products via the Website;
- Consumer: A Customer who is a natural person and acts for purposes that fall outside of his/her professional activities and who purchases or will potentially purchase Products via the Website;
- Agreement: The agreement at distance concluded between the Company and the Customer for the purchase of Products via the Website. The Agreement shall be governed by the Ts&Cs;
- Offer: The offer of Products by the Company via the Website for the purpose of concluding an Agreement. The Offer shall be governed by the Ts&Cs;
- Order: The request submitted by the Customer on the Website regarding an Offer for the purpose of concluding an Agreement. The Offer shall be governed by the Ts&Cs;
- Working Day: Every day, except Saturday, Sunday and national holidays in Belgium.
- The Ts&Cs are applicable to (i) every Offer of the Company, (ii) the use of the Website by the Customer-including a.o. every Order placed by the Customer-, and (iii) all Agreements.
- The Ts&Cs will be made available to the Customer -before conclusion of the Agreement- via the Website and in a manner that will allow the Customer to save the Ts&Cs on a durable electronic data carrier.
- Other terms and conditions shall only apply when previously explicitly accepted by the Company by mail. In an event of conflict between the latter terms and conditions and the Ts&Cs, the Ts&Cs thus will prevail unless explicitly stated otherwise in the above mentioned mail.
- Formation of the Agreement
- The Agreement is concluded as from the moment (i) the Customer -following an Offer- has placed a specific Order on the Website and subsequently (ii) the Company has accepted and validated the latter Order.
- The ordering process consists in total of 5 steps:
Step 1: The Customer can select the individual Products and collect these in an electronic shopping cart by clicking the ‘add to cart’ button. Review of the selected Products, quantity and price is possible via the Cart tab page, page reachable by clicking the ‘view cart’ button. If available, the Customer can select another language as English to further proceed to the ordering process. Eventual discount codes can be entered, if applicable. From the Cart tab page, the Customer can proceed to the Checkout tab page by clicking the ‘Proceed to checkout’ button.
Step 2: The Customer may register on the Checkout tab page or can proceed with their order as a ‘guest’. The Customer shall need to enter their contact details and delivery address. Eventual discount codes can -again- be entered, if applicable.
Step 4: Once clicked on the ‘Place order‘ button, the Customer is then directed to the subsequent tab page of the payment provider, where the Customer needs to (i) enter their payment details and (ii) confirm the payment by clicking the ‘I confirm my payment’ button. Until clicking this button, the Customer is free to change/delete/cancel their order or register details.
Step 5: The order process is finalised when the payment is successfully completed and confirmed by the payment provider, after which the Customer will be redirected to the Website. The Customer can then print and/or save a copy of the placed Order.
- After step 5 as stated above is finalised, all information provided for by the Customer to the Company -including the placed Order- is binding to the Customer. The Company is under no circumstances liable for mistakes made by the Customer in providing the above information as well as for any consequence thereof.
- After the Customer has placed a specific Order, the Company will provide the Customer by mail with an automatically generated confirmation of receipt of that Order. A PDF version of the Ts&Cs and an invoice will be provided for as well via the above mail. The confirmation of receipt acknowledges the fact that the Company has received the placed Order. It does only constitute as an acceptance and validation of the placed Order when the Company does not reject the placed Order by mail to the Customer within a period of 3 Working Days as from the moment the specific Order has been placed by the Customer. Only then a specific Agreement is considered to be concluded.
- The acceptance and validation of the placed Order shall not unreasonably be withheld. The Company shall however be entitled to refuse the acceptance and validation of the placed Order in the following -non exhaustive- circumstances: (i) the ordered Products are not in stock, (ii) the Product(s) and/or prices of the Product(s) have been represented inaccurately on the Website, (iii) the placed Order consists of a large quantity of the same Product(s), (iv) in case of fraud or reasonable suspicion of fraud by the Customer, (v) in case of an abuse of rights or a reasonable suspicion of an abuse of rights by the Customer, (vi) in case of a lack of good faith on the part of the Customer, (vii) in case of reasonable suspicion of the intentions of the Customer to resell the Product(s) and (viii) in case of force majeure. When a placed Order is refused, the Company will notify the refusal to the Customer by mail. The Company will refund all amounts already paid for by the Customer with regard to the latter Order, using the same means of payment as the Customer used when placing the Order.
- The Agreement and the Ts&Cs will remain in force until all obligations have been executed.
- The prices of the Product(s) will be as quoted on the Website at the time the Customer places a specific Order. All prices are in EUR and include VAT and all other taxes enacted by the authorities.
- The price of the Product(s) as quoted on the Website does not include eventual shipping costs. If applicable, the delivery charges will be billed on top of the purchase price. The delivery charges will depend on the country the Product(s) must be shipped to.
- Before the placement of a specific Order-and as specified in art. 4.2.-, the total price -including all taxes and costs- will be indicated to the Customer.
- If a Product is incorrectly priced on the Website (such as obvious inaccuracies), the Company reserves the right to -as specified in art. 4.5- refuse the placed Order as well as to correct the pricing error. The Company will therefore contact the Customer by mail as soon as the Company becomes aware of the incorrect price. When the Company proceeds to the correction of a pricing error, the Customer has -until delivery of the Product(s)- the option to continue to purchase the placed Order or to cancel the placed Order. The Customer needs to provide the Company with a clear instruction by mail within 3 days as from the above mentioned notification of the Company to the Customer. When the Customer notifies the will to proceed with the purchase of the placed Order, the Company will provide the Customer with the adjusted purchase price via an invoice. The invoice will be due within 7 Working Days. When the Customer however notifies the will to cancel the placed Order, the Company will subsequently refund all amounts already paid for by the Customer with regard to the latter Order, using the same means of payment as the Customer used when placing the Order. For the avoidance of any doubt, the Customer cannot -in accordance with this art. 5.4.- cancel a placed Order after delivery of the Products. The Company nevertheless reserves the right to -even then- correct any possible pricing errors by providing the Customer with the adjusted purchase price via an invoice. The invoice will be due within 7 Working Days.
- Payment and means of payment
- The payment of the placed Order is -as specified in art. 4.2- executed in accordance with the payment methods offered on the Website. The Customer thus needs to proceed with the payment via the tab page of the payment provider. In any event, a specific Order is placed only after the payment is successfully completed and confirmed by the payment provider.
- The Company may offer other payment methods in the future.
- In order to ensure the safety of Customer’s online payment and personal data, all transactions are encrypted with SSL technology.
- In case a term of payment has been agreed upon, the Customer is in default by the mere expiry of this period and without prior formal notice. A term of payment can only be agreed upon between parties via mail/in writing under the then to be concluded applicable terms and conditions.
- In case of non-payment on the due date, the invoice price will automatically and without formal notice be increased by an indemnity conventionally set at 10%, with a minimum of 50 EUR, and with an interest of 1 % a month since the expiry date. Each started month will be charged as a full month. In case of non-payment of an invoice on its due date, all debts fall due.
- In case of late payment, the Company is competent to dissolve the Agreement with immediate effect and/or to suspend any (further) delivery until the Customer complies with his/her contractual obligations. In any event, the Company remains the legal owner of the ordered Products until the moment of full payment, including payment of all interests, indemnities and costs.
- Shipping and delivery
- The Company undertakes to deliver the ordered Products within a period of minimal 5 Working Days and maximal 30 days after the Agreement is concluded as specified in art. 4.2. and art. 4.4., unless explicitly stated otherwise. In case the Company is not able to deliver the ordered Products within the period set out above, the Company undertakes to inform the Customer thereof by mail. The Customer shall then provide the Company with a new deadline for delivery, deadline which must be reasonable. If the Company is not able to deliver the ordered Products within the additional delivery period, the specific Order can be cancelled by the Customer. The Company will refund all amounts already paid for by the Customer with regard to the latter Order, using the same means of payment as the Customer used when placing the Order.
- The Company shall deliver the ordered Products to the address provided for by the Customer to the Company during the ordering process as specified in art. 4.2.
- In case there is no one available at the address of the Customer at the moment of delivery, the Customer must follow the instructions of the delivery service in charge of the delivery of the ordered Products.
- The Customer must check the packaging upon delivery for possible damages. In case the delivered Products are damaged, the Customer must not accept the delivery and must notify the Company immediately -and in any event within a period of 3 days after delivery- thereof. After the above timely notification, the Company will provide the Customer with the necessary instructions regarding the damaged Products.
- Notwithstanding the actual delivery, the Company remains the legal owner of all goods until the moment of full payment, including payment of all interests, eventual indemnities and costs.
- Right of withdrawal (only for Consumers)
- The Consumer has a legal right to withdraw the Agreement during the term as specified in art. 8.2. This means that the Consumer can decide, during the relevant period, not to keep the delivered Products. The Consumer must notify the Company in due time by mail of its decision to withdraw and receive a refund. The Consumer does not have to provide a reason for the withdrawal.
- The Consumer has 14 days to withdraw the Agreement. The starting point of the term to exercise the right of withdrawal is the day after receipt of the ordered Products by the Consumer. During the withdrawal period, the Consumer will handle the delivered Products as well as the packaging with the utmost care.
- The Consumer may only withdraw the Agreement if the delivered Products are complete and have their original labels. In any event, the right of withdrawal is non-existent with regard to any Agreement concerning the following: (i) Products which are liable to deteriorate or expire rapidly, (ii) Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, (iii) Products which are, after delivery and according to their nature, inseparably mixed with other items and (iv) Products made to the Consumer’s specifications or clearly personalised. For the avoidance of any doubt, the above means a.o. that the right of withdrawal only applies to -after delivery- unopened Products/Products with intact labels/packaging.
- In case the Consumer decides to withdraw the Agreement, the Consumer must notify the Company thereof in due time by mail, stating unambiguously the will to withdraw the Agreement. The Consumer shall via the latter mail also communicate to the Company the date of placement of the specific Order, the specific Order number and the delivery date of the ordered Products. Furthermore, the Consumer must return the specific Products to the Company without undue delay and in any event not later than 14 days after sending the above mentioned notification of withdrawal to the Company.
- All costs for the returning of the specific Products are to be borne by the Consumer.
- If the returned Products have decreased in value in some manner, the Company reserves the right to hold the Consumer liable and claim damages for any decrease in value of the above mentioned products resulting from the use of those products by the Consumer in a manner that goes beyond what is necessary to determine the nature, features and functioning of those products.
- In case of withdrawal, the Company shall refund the payment received -nevertheless in any event limited to the purchase price and the mere standard delivery costs – with regard to the relevant Agreement. The Company will make the reimbursement using the same means of payment as the Consumer used when placing the Order. The Company will proceed to the reimbursement within a reasonable time after receipt of the specific Products or after the Consumer supplied the Company with the evidence of having sent back the specific Products, whichever is the earliest. For the avoidance of any doubt and in accordance with art. 8.6., the Company can reduce the above mentioned reimbursement to reflect the reduction in value of the returned Products.
- The Consumer has the right to a legal warranty of 2 years. The legal warranty covers every defect or lack of conformity of the delivered Products that manifest itself within a period of 2 years from the date of delivery. The Consumer must inform the Company by mail of the defective products within a reasonable period -in any event not later than two months- after the defect becomes known to him/her. In case of a defect occurs within the above mentioned legal warranty period of 2 years, the Consumer must return the specific Products to the Company. When returning the specific Products, all risks with regard to damages to or loss of the specific Products are to be borne by the Consumer. After the return of the specific Products, the Company will send the Consumer a new Product. In case replacement is not possible or cannot be executed within reasonable time, the Consumer has the right to terminate the Agreement. The Company will then proceed to a refund in conformity with art. 8.7. For the avoidance of any doubt, the warranty as specified in art. 9.1 only applies to Consumers.
- The legal warranty covering hidden defects shall only be applicable when the Customer notifies the hidden defect(s) – and provides prove thereof – to the Company by registered letter within a period of 7 days after delivery of the specific Products.
- Notwithstanding the content of art. 9.1 and 9.2, no guarantee can be given under the following circumstances: (i) if the confirmation of receipt regarding the specific Products as stipulated in art. 4.4., as well as the delivered invoice, is no longer available or has been changed or made impossible to read, (ii) if the specific Products have deteriorated due to negligence of the Customer or if the deterioration is inherent to the nature of those specific Products, (iii) If any changes have been brought to the specific Products, (iv) if the defect(s) /non-conformity results from the fact that the specific Products have been used in an abnormal way and/or in any way that does not correspond to their destination and (v) if damage is caused willfully, by negligence or by improper storage.
- Complaint procedure
- Unless explicitly stipulated otherwise in the Ts&Cs, all complaints can be sent to the Company by mail.
- If no satisfactory solution between the Company and the Consumer can be reached after a complaint has been communicated to the Company by the Consumer, the latter can submit his/her complaint to (i) the Consumer Ombudsman Service (https://consumentenombudsdienst.be/nl) or (ii) the Online Dispute Resolution platform provided for by the European Union (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show). Notwithstanding the above and for the avoidance of any doubt, it is hereby explicitly stated that the Company is not subjected to any extrajudicial arbitration in the event of complaints and/or disputes. The Customer however can contact the above mentioned recognised bodies with regard to alternative and extrajudicial dispute settlement procedures. In any event, art. 16 shall always be applicable.
- The obligations of the Company under the Ts&Cs are to be construed as best effort obligations.
- The liability of the Company will be limited to direct losses. For the avoidance of any doubt, this means that the Company is not liable for indirect and/or consequential damage (such as for example injury to persons, loss of profits, loss of time, emotional damage, loss of income and loss of opportunity) caused by the ordered and delivered Products. Furthermore, the liability will be limited to the value (excluding VAT) of the placed Order to which the liability arises.
- The Company may include on its Website content and/or links to other websites that contain content that might be interesting or useful to the Customer. Such content/links to content are purely informational. The Company shall bear no liability -direct or indirect- for the latter content/the content of the websites to which the Website links or for the use of these websites. For the avoidance of any doubt, the above content shall in no event constitute any form of medical advice.
- The company shall bear no liability -direct or indirect- for any damage whatsoever that could arise from incorrect use of the ordered and delivered Products.
- The company shall bear no liability -direct or indirect- for minor errors or omissions that may occur despite all the precautions taken in presenting the Products on the Website. For example, the photos of the Products on the Website as well as the information sheets regarding the Products only have an indicative value.
- Force Majeure
- The Company is not liable nor responsible for any failure to perform, or delay in performance of any of its obligation with regard to the Agreement that is due to a situation of force majeure.
- Events of force majeure are all circumstances external to the Company’s will that render the respect of its obligations towards the Customer completely or partly impossible. Such events include amongst others import and export bans, strikes, fire, wars, disease, epidemics, act or threat of terrorism, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down time of the Website, late delivery or absence of delivery by suppliers or other third parties and the loss or absence of any required licenses.
- In case of a situation of force majeure, the Company will inform the Customer thereof by mail. The company’s obligations under the Agreement will be suspended and the time for the performance of the obligations will be extended for the duration of the situation of force majeure. Where the situation of force majeure affects the delivery of ordered Products, the Company will notify to the Customer a new delivery date after the situation of force majeure is over.
- Copyright and intellectual property
- The Customer acknowledges and accepts that all intellectual property rights related to the Products and thus a.o. all rights to make, use or sell the Products including all patents, patent applications, trademarks, trademark applications, trade names, trade secrets, copyrights, designs, service marks, know-how, information, data and technology -as well as all intellectual property rights on published information, statements or other communication regarding the Products and/or spread via the Website and/or the Website itself- are and remain property of the Company and its suppliers or third-party right holders.
- With regard to the published information, statements or other communication regarding the Products and/or spread via the Website and/or the Website itself, only the private non-commercial use thereof is permitted.
- In case of a potential infringement of third party intellectual property right(s) by the Company, please notify the latter unambiguously thereof by mail, stipulating at least (i) your identity and mandate/competence to act with regard to the potentially infringed intellectual property right(s) and (ii) the description of the potentially infringed intellectual property right(s).
- The Customer will not modify, decompile, disassemble and/or reverse engineer the Products.
- Transfer and subcontracting
- The Company has the right to transfer its rights and obligations under the Agreement to a third party. Furthermore, The Company reserves the right to work with subcontractors for the purpose of executing the Agreement.
- Governing law – Jurisdiction
- The Ts&Cs are governed by the laws of Belgium, to the exclusion of its conflicts of law principles. The Vienna Convention (C.I.S.G.) is not applicable. All disputes or claims regarding the interpretation or execution of the Ts&Cs shall be subject to the exclusive jurisdiction of the competent courts located in Hasselt, Belgium. The parties hereby agree that the venue and jurisdiction for any related proceedings arising hereunder shall lie exclusively with such courts. For the avoidance of any doubt, the above means that any Offer, Order and/or Agreement and any dispute or claim arising out of in connection with it will be governed by Belgian law and shall be resolved by the competent courts located in Hasselt, Belgium.
- Miscellaneous provisions
- The Company may amend the Ts&Cs from time to time. The general terms and conditions in force at the time of the placing the Order will apply.
- The nullity/unenforceability of any provision or a part of a provision under the Ts&Cs will in no way affect the validity of the remaining portion of the provision or the rest of the provision and clauses. The parties will in that case decide in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that differs as little as possible from the original provision in light of the purpose and scope of the Ts&Cs.
- The Ts&Cs were last updated on 3 OCTOBER 2021.