General terms and conditions of sale for online sales
Purpose and scope
- General
1. These general terms and conditions of sale (hereinafter referred to as “general terms and conditions“) define the rights and obligations of all parties in the context of online sales of products (hereinafter referred to as “products“) via the website of Gold Collagen Belgium (available via www. gold-collagen-belgium.be – hereinafter referred to as “site“). The terms and conditions apply to all sales through the site in the following countries to which the site addresses: Belgium, the Netherlands, Luxembourg and France.
2. The general terms and conditions are concluded between Gold Collagen Belgium – FBNL bv, with registered office at 8300 Knokke, Gilbert Decockstraat 2, registered with the Crossroads Bank for Enterprises under number 0501.615.011 (RPR Gent – VAT BE 0501 615 011) (hereinafter called “Gold Collagen Belgium-FBNL”) on the one hand and the person who wishes to make a purchase (hereinafter called “buyer”) on the other hand. (The buyer and Gold Collagen Belgium-FBNL are hereinafter referred to as “parties”). The parties accept that only these general conditions apply to their relationship and that all other general conditions are excluded.
3. The prospective buyer enters the officina as soon as the prospective buyer enters any page of the website beyond the home page.
4. Any order of a product on the site (hereinafter called “order”) presupposes the prior reading and explicit acceptance by the buyer of these general terms and conditions of sale without requiring a written signature by the buyer. In accordance with Book XII of the Code of Economic Law concerning the law of the electronic economy, the purchaser is reminded that the confirmation, as stipulated in the article “Modalities of the order”, implies the placing of an electronic agreement equivalent to a written signature and constitutes proof of the entire order and of the payability of the amounts due in execution of this order.
5. The general conditions of sale apply exclusively to buyers, physical persons who are not traders. The buyer who wishes to carry out his order on the Gold Collagen Belgium website declares having full legal capacity. Persons who do not have the required legal capacity, as specified in article 1123 and following of the Civil Code may not, under any circumstances, buy on the website unless through and under the responsibility of their legal guardian. This guardian is supposed to comply with the General Conditions of Sale.
Specific provisions related to Online sales of products
2. Products
2.1. The products offered for sale are those available on the website, with the description of their main characteristics at the time the Buyer consults the site. In case of unavailability of products ordered, the buyer will be informed and may either modify or cancel the order. In both cases, if applicable, a refund of the order will be executed. Gold Collagen Belgium-FBNL can in any case, not be held responsible for unavailability of products.
3. Purchase price and delivery costs
3.1 The price of a product is mentioned on the website (hereafter called “the purchase price”) in Euro, VAT included. This price does not include the delivery costs borne by the Buyer.
3.2 When reference is made to a crossed-out price for a particular product, this crossed-out price corresponds to the price recommended by the supplier for that product.
3.3 Gold Collagen Belgium-FBNL reserves the right to adjust the price at any time. However, products will be invoiced at the price shown at the time of confirmation of the order.
3.4 At the time of the order, the buyer undertakes to pay, in addition to the price of the purchased products, any delivery costs. The delivery costs remain due and, unless otherwise specified, will not be refunded in the event of a full or partial return, upon exercise of the right of withdrawal, in accordance with the article “Right of cancellation and modalities of return”. The delivery costs shall be clearly communicated to the buyer.
4. Modalities of the order
4.1 To place an order, the buyer must fill in the order form on the website and provide at least the necessary information for identification and delivery including desired language, name, first name, gender, age, address of delivery. All information provided by the buyer when ordering is binding on the buyer. Gold Collagen Belgium-FBNL cannot be held responsible for the consequences of providing incorrect information. Having completed the order form, the purchaser must take note of the general terms and conditions of sale read and accept them by checking the checkbox provided for that purpose “I have read and accept the general terms and conditions”. With this confirmation the purchaser undertakes to pay the full cost price, being the price of the products and any delivery costs.
4.2 Gold Collagen Belgium-FBNL confirms each order within 24 hours by e-mail to the Buyer at the e-mail address provided by the Buyer (hereinafter referred to as “order confirmation”). The order confirmation includes, among other things, the date of order, the products ordered, the purchase price, the delivery cost, the delivery address and the method of delivery. The data stored by Gold Collagen Belgium-FBNL and the order confirmation are proof of the contractual relations between the parties.
4.3 Gold Collagen Belgium-FBNL reserves the right to refuse or cancel an order or a delivery in case of (i) an existing legal dispute with the purchaser or, (ii) refusal of authorization of payment by the financial organism that controls the payment or (iii) on the grounds of thorough reason of the holder of this site. In these cases, Gold Collagen Belgium-FBNL cannot be held responsible in any way except in the case of fraud or serious fault of Gold Collagen Belgium-FBNL.
5. Modalities of payment
5.1 Payment of purchases is made by electronic payment. After confirmation of the order, the buyer chooses one of the proposed payment mechanisms. The validity of the payment is immediately confirmed or not by the controlling financial body. If the payment is approved, the amount is paid according to the modalities of the aforementioned organization after invoicing the order. The products ordered remain the property of Gold Collagen Belgium-FBNL until full payment of the purchase price and any costs.
6. Delivery
6.1 The modalities and cost price of the delivery are shown during the order. Gold Collagen Belgium-FBNL makes every effort to ship the orders as quickly as possible so that they arrive within the expected delivery time as shown during the ordering process.
6.2 The transfer of risk from Gold Collagen Belgium-FBNL to the buyer occurs at the time of delivery. Each order is delivered according to the delivery method chosen by the buyer.
6.3 It is the responsibility of the purchaser to inspect the package and the product at the time of delivery and to pass on his possible remarks or complaints as soon as possible and possibly to refuse the package and if it was possibly opened or shows traces of damage.
6.4 In case the buyer chooses delivery at a pickup point, the purchased products will only be kept for a period of 14 days after being made available to the buyer. After this period, the buyer will no longer be able to claim the product and Gold Collagen Belgium-FBNL reserves the right to destroy it.
7. Right of withdrawal and modalities of return
7.1 If one of the products purchased on the site is not satisfactory to the Buyer, the latter has a cooling-off period of fourteen (14) calendar days, counting from the day of delivery, to cancel his purchase, without penalty or giving any reason, in accordance with the legislation in force. During this reflection period, the purchaser must communicate his wish to exercise his cancellation right to Gold Collagen Belgium-FBNL via the form “Right of Cancellation Gold Collagen Belgium-FBNL” to be sent by mail to the address Gold Collagen Belgium-FBNL, tav Webshop Online, Gilbert Decockstraat 2, 8300 Knokke, or by e-mail to the address contact@gold-collagen-belgium.be.
7.2 After communicating his wish to cancel, the buyer has fourteen (14) calendar days to return his products to Gold Collagen Belgium-FBNL. If the products or proof of dispatch are not returned in time, the cancellation request expires.
7.3 The right of withdrawal applies to Gold Collagen products BEFORE the package is shipped by Gold Collagen Belgium-FBNL, EXCEPT if they have one or more manufacturing defects, in this case the right of withdrawal also applies after shipment.
In accordance with Article VI.53 of the Code of Economic Law, the right of withdrawal cannot be exercised for:
1. the delivery of goods that may spoil quickly
2. the delivery of sealed goods that cannot be returned for hygiene and health reasons and that have been unsealed or opened by the consumer after delivery.
7.4 The cost of returning the products shall be borne by Gold Collagen Belgium-FBNL if the buyer uses the return sticker that can be requested from Gold Collagen Belgium-FBNL. If the purchaser prefers another delivery method for returning the products (for example: delivery within twenty-four hours), the costs and risks shall be borne by the purchaser. The price for returning a typical order on the online shop of Gold Collagen Belgium-FBNL via bpost is 6,50 €. This price may increase according to the weight of the parcel.
7.5 When exercising the right of withdrawal, as described above, Gold Collagen Belgium-FBNL undertakes to reimburse the purchase price and delivery costs within fourteen (14) calendar days, counting from the day on which the customer communicates that he wishes to exercise his right of withdrawal.
The refund will be made according to the rules by the financial organization responsible for the payment method chosen by the buyer.
7.6 To the extent possible, the products are returned in the identical condition in which they were delivered, so that resale is possible (original packaging not damaged), accompanied by the leaflet and other documentation to the address mentioned above, together with the original sales invoice, a copy of which is kept by the buyer. The purchaser who has exercised his right of withdrawal shall return the products in the identical condition in which they were delivered, allowing them to be resold.
In case of abuse of the right of withdrawal, Gold Collagen Belgium-FBNL reserves the right to refuse subsequent orders from the same buyer.
General provisions
8. Protection of privacy
8.1 The policy of Gold Collagen Belgium-FBNL regarding the protection of privacy is available in the footer of the website.
9. Liability and guarantee
9.1 Gold Collagen Belgium-FBNL only enters into an obligation of means in connection with all steps of access to the site, the order, the delivery and subsequent services. Gold Collagen Belgium-FBNL cannot be held responsible for any inconvenience or damage caused by the use of the Internet, including, but not limited to, in case of interruption, external intrusion, contamination with computer viruses or other elements that can be considered as force majeure. In all cases, the liability of Gold Collagen Belgium-FBNL under these conditions is limited to the sum of the amounts paid or to be paid for the order at the basis of the liability, regardless of the cause or form of the claim concerned.
9.2 Gold Collagen Belgium-FBNL can, except in cases of serious fault or fraud on the part of Gold Collagen Belgium-FBNL, in no way and under no circumstances be held liable in the event of problems or damage of any kind that may result from the incorrect use of products. The purchaser undertakes in this connection to carefully read and comply with the manufacturer’s leaflet on or in the packaging of the product (which contains information about dosage and side effects). The purchaser should consult his or her physician if side effects occur.
9.3 Gold Collagen Belgium-FBNL can in no way and under no circumstances be held liable for any product changes made by the manufacturer.
9.4 Neither can Gold Collagen Belgium-FBNL be held liable for errors or omissions that may occur despite the precautions taken for the presentation of the products unless this is the case of fraud or serious fault of Gold Collagen Belgium-FBNL. In this regard, it is expressly stated that the photographs present on the site are for purely informational purposes. Under no circumstances can a change of packaging or of content of a product be mentioned in case of contradiction with the photo available on the website.
9.5 The goods sold on the Gold Collagen Belgium-FBNL site benefit from the legal guarantee of conformity of 2 years as defined in the law of September 1, 2004. This period begins on the date the goods are taken possession of.
10. Intellectual property
10.1 All (visual and sound) elements of the website, as well as the underlying technology, are protected by copyright, trademark, and more generally by intellectual property rights and by sui generis database rights law. They are the exclusive property of Gold Collagen Belgium-FBNL or third parties who have licensed Gold Collagen Belgium-FBNL. The buyer who has his own website and who, for personal use, wants to place a link to Gold Collagen Belgium-FBNL website must request permission from Gold Collagen Belgium-FBNL. There will not be any implied affiliation with Gold Collagen Belgium-FBNL in this case. All links to the Gold Collagen Belgium-FBNL website that use framing, inline and deep-linking are prohibited. Any link, including previously tacitly approved links, must be removed at the simple request of Gold Collagen Belgium-FBNL.
11. Contact
11.1 In case of questions related to his purchase, the buyer can contact Gold Collagen Belgium-FBNL via the methods mentioned on the contact section of the website or via the e-mail address contact@gold-collagen-belgium.be. Gold Collagen Belgium-FBNL undertakes to resolve questions within the shortest possible time.
12. Legal disputes and applicable law
12.1 In the event of a dispute concerning the application, interpretation or existence of the present conditions or order, both Gold Collagen Belgium-FBNL and the buyer will endeavour, before resorting to legal procedures, to reach an amicable settlement. If an attempt at settlement fails, only the Ghent courts are competent to take up a legal dispute, regardless of the place of delivery or the address of the purchaser.
The contract and all legal relations between the parties are subject to Belgian law.
In case of a dispute, we advise you to consult the ODR platform (Online Dispute Resolution).
13. Indivisibility and integrality
13.1 In the event of one or more elements of the general terms and conditions of sale being or becoming invalid as a result of a law, regulation or a final decision by a competent judicial body, the remaining elements shall retain their validity.
13.2 The general terms and conditions of sale and the confirmation of the order to the buyer together constitute the entire contract between the parties. In case of contradictions between these documents, the present general terms and conditions of sale shall prevail.
14. Evidence
14.1 The register in the information systems of Gold Collagen Belgium-FBNL and its partners, equipped with all reasonable security systems, shall be considered as evidence of communication, order and payments carried out by the partie.
15. Changes
15.1 Gold Collagen Belgium-FBNL reserves the right to modify the general terms and conditions of sale.
16. Federal Agency for Medicines and Health Products – FAG
Avenue de Galileo 5/03
1210 BRUSSELS
General phone number +32 2 528 40 00 (on-call from 8 a.m. to 5 p.m.)
https://www.fagg-afmps.be/nl
