General terms and conditions
1 General Provisions
1.1 Welcome to Comm.V CH4 (BB Naturas)! We are a company engaged in production and sale of health products.
1.2 These general terms and conditions apply to everything we do at Comm.V CH4 (BB Naturas), including but not limited to offers and agreements between us and our clients, which we hereinafter refer to as “Client”.
1.3 If we deviate from these terms and conditions, it must be in writing and expressly agreed between us and the Client.
1.4 We expressly reject any purchasing or other terms and conditions of the Client.
1.5 If one or more provisions in these general terms and conditions are declared invalid, void or annulled, the other provisions shall remain in force. We shall then replace the invalid, void or nullified provisions with new provisions that correspond as closely as possible to the invalid, void or nullified provisions.
1.6 Our failure to demand performance of one or more provisions of the contract at any time, including the provisions of these general terms and conditions, shall not affect our rights to still demand performance by the Client at a later time.
1.7 These general conditions do not apply if we deviate from them in the agreement between us and the Client.
2 Offers, formation and amendment of agreement
2.1 At Comm.V CH4 (BB Naturas) we do our best to make the best offers to our clients, but all our offers are without obligation unless we expressly state otherwise in the offer.
2.2 A contract is only established when we and our Client agree in writing.
2.3 Once we have an agreement, it can only be changed if we agree in writing with the Client. For example, we can only agree in writing to changes in the quantity or price of the products or services we provide.
3 Prices and payment.
3.1 Prices and VAT. All prices quoted by Comm.V CH4 (BB Naturas) are exclusive of VAT and other levies imposed by the government, unless explicitly stated otherwise.
Payments shall be inclusive of VAT and/or other levies.
3.2 Additional goods, works and services. Prices shall apply only to the goods, services and works specified by name in the contract.
All additional goods delivered, works performed and/or services rendered by Comm.V CH4 (BB Naturas) shall be charged separately at prices as applicable on the day of delivery and/or provision of services.
3.3 Changes in price. Prices quoted by Comm.V CH4 (BB Naturas) are based on the purchase prices, taxes and other such factors applicable at the time of quotation.
If after the conclusion of the contract one or more of the aforementioned factors undergo changes, Comm.V CH4 (BB Naturas) shall be entitled to change the agreed price.
3.4 Payment term. All invoices shall be paid by the Client in accordance with the payment terms agreed upon and stated on the invoice.
In the absence of such conditions, the Client shall pay within 14 days from the invoice date.
3.5 Default. If the Client fails to pay the amounts due within the agreed period, the Client shall be in default by operation of law.
The Client shall owe statutory interest on the outstanding amount, without prejudice to its other obligations.
3.6 Costs of collection. Collection costs, both judicial and extrajudicial, shall be borne by the Principal, subject to a minimum of € 250.
3.7 Order of payment
Payments made by the Client shall always serve to settle firstly all interest and costs due and secondly those invoices that have been outstanding the longest.
4.1 Objection to invoice
If the Client objects to an invoice from Comm.V CH4 (BB Naturas), it must notify the Client in writing within 8 days of the invoice date. If the Client does not complain in a timely manner, her claim to correction of the invoice shall be forfeited.
4.2 Consequences of complaint. A complaint by the Client does not suspend its payment obligations. This means that despite the objection, the Client must pay the invoice within the agreed term.
4.3 Client’s Duty to Investigate. It is the responsibility of the Client to examine the goods, services and works immediately upon receipt for visible defects. If any visible defects are found, the Client must complain in writing about them to Comm.V CH4 (BB Naturas) within 8 days of receipt.
4.4 Guarantees and complaints procedure. In addition to the Client’s obligation to complain in a timely manner in the event of visible defects, the Client may also claim guarantees given by Comm.V CH4 (BB Naturas). This is subject to the complaints procedure drawn up by Comm.V CH4 (BB Naturas) and available on the website.
4.5 Burden of proof in the event of complaints. In the event of a complaint by the Client, the burden of proof is on her that the delivered goods do not comply with the agreement. If Comm.V CH4 (BB Naturas) deems the complaint justified, it will proceed to repair or replace the delivered.
4.6 Limitation period. A claim by the Client is only valid if it is made within a reasonable period. A reasonable period is not mentioned in the law, but in practice a period of 2 months after discovery of the defect is considered reasonable. Claims submitted after this period will no longer be considered.
5 Dissolution and termination
5.1 Dissolution by Comm.V CH4 (BB Naturas). Comm.V CH4 (BB Naturas) may, without being liable for any compensation on that account, dissolve in writing with immediate effect and without judicial intervention its agreement with the Principal in whole or in part if:
the Client applies for suspension of payment or bankruptcy or is declared bankrupt or offers a settlement outside bankruptcy, or any part of its assets are seized;
the Client is placed under administration or guardianship;
the statutory debt restructuring scheme is pronounced in respect of the Client;
the Client ceases its activities, ceases to pursue its statutory objective, decides to go into liquidation, otherwise loses its legal personality or transfers or merges its business;
the Client fails to fulfill one or more obligations arising from the relevant agreement, or fails to do so on time or properly.
5.2 Consequences of dissolution. As a result of dissolution, mutually existing claims shall become immediately due and payable.
The provisions of the preceding paragraph shall not affect the other rights accruing to Comm.V CH4 (BB Naturas) in the event of failure by the Client to comply, such as those to claim damages and/or fulfillment of the contract.
5.3 Termination by the parties. If the agreement by its nature and content does not end by means of a specific performance and has been entered into for an indefinite period of time, it may be terminated by either party, after proper consultation and stating reasons, by written notice of termination.
If no notice period has been agreed between the parties, reasonable notice must be given.
Comm.V CH4 (BB Naturas) shall in that case never be liable for compensation due to termination.
6. Termination or suspension of the agreement
6.1 If, due to force majeure, fulfillment of the agreement without failure is not possible for Comm.V CH4 (BB Naturas), it has the right to terminate the agreement in whole or in part or to temporarily suspend the execution of the agreement, without being liable for any compensation.
6.2 Definition of force majeure. Force majeure means a circumstance that prevents the fulfillment of the agreement and cannot be attributed to Comm.V CH4 (BB Naturas). Examples include strikes and illness of staff, business disruptions, government measures and transport disruptions. Both if these occur at Comm.V CH4 (BB Naturas) and at its suppliers.
6.3 Partial fulfillment. If Comm.V CH4 (BB Naturas) has already partially fulfilled its obligations before the occurrence of force majeure, or will only be able to partially fulfill its obligations due to the occurrence of force majeure, it shall be entitled to invoice the already delivered or deliverable part separately. The Client is obliged to pay this invoice as if it were a separate agreement.
6.4 Appeal to force majeure after expiration date. Comm.V CH4 (BB Naturas) is entitled to invoke force majeure, even if the non-attributable circumstance preventing the fulfillment of its commitment occurs after it should have fulfilled its obligation.
7.1 Limitations on liability. Comm.V CH4 (BB Naturas) is not liable for damages except in the cases described in this article.
7.2 Exclusion of indirect damages. Comm.V CH4 (BB Naturas) is not liable for indirect damages, including consequential damages, lost profits, missed savings and damages due to business interruption.
7.3 Limitation of direct damage. Comm.V CH4 (BB Naturas) is only liable for direct damage resulting from an attributable failure in its obligations under the agreement or in tort, up to the amount equal to the amounts invoiced or to be invoiced to the Client under the agreement, excluding VAT and other government levies, up to a maximum of €25,000.
7.4 Conditions of liability. The liability of Comm.V CH4 (BB Naturas) shall arise only if the Client has given Comm.V CH4 (BB Naturas) written and proper notice of default, setting a reasonable deadline to remedy the failure, and Comm.V CH4 (BB Naturas) continues to fail imputably in the fulfillment of its obligations even after that deadline.
7.5 Force majeure. Comm.V CH4 (BB Naturas) is not liable if a failure is the result of force majeure.
7.6 Exception to limitations. The limitations contained in this article shall not apply if the damage is the result of intent or gross negligence of Comm.V CH4 (BB Naturas) or its managerial subordinates.
7.7 Limitation period. Any liability of Comm.V CH4 (BB Naturas) shall lapse by expiry of one year, to be calculated from the time the damage occurred, provided that any liability of Comm.V CH4 (BB Naturas) shall in any case lapse by expiry of one year, to be calculated from the end of the agreement with which the damage is most related.
8.1 Indemnification for non-performance of obligations. The Client shall indemnify Comm.V CH4 (BB Naturas) against all possible claims by third parties arising from non-compliance by the Client with the obligations resting on the Client pursuant to an agreement and these general terms and conditions.
8.2 Indemnification in the event of damage. The Client further indemnifies Comm.V CH4 (BB Naturas) in respect of claims by third parties relating to damage arising in connection with the execution of an order. If the Principal is sued by a third party in respect of damage for which the Principal and/or the third party can or will hold Comm.V CH4 (BB Naturas) (jointly) liable, the Principal shall notify (Company Name) in writing within 8 days of the claim by the third party.
8.3 Settlement of claims. The Client shall only settle such claims in consultation with Comm.V CH4 (BB Naturas) on penalty of forfeiture of the Client’s claims against Comm.V CH4 (BB Naturas).
9.1 The parties recognize the confidential nature of the information they receive from each other under the Agreement. They undertake to keep all confidential information secret and to use it exclusively for the purpose for which it was provided.
9.2 Confidential information shall mean any information, in any form, which is designated as confidential by either party or which can reasonably be assumed to be confidential in nature.
9.3 The parties shall take all reasonable measures to protect the confidential information and shall not disclose it to third parties, except to the extent necessary for the performance of the agreement or if they are required to do so by law.
9.4 The obligation of confidentiality shall remain in force even after termination of the Agreement.
9.5 If a party is required to provide information to a third party, for example to a government agency or a regulator, the relevant party shall notify the other party without delay, unless a legal requirement prohibits the relevant party from notifying the other party.
9.6 In the event of a breach of the obligation of confidentiality, the breaching party shall be liable for the damage suffered by the other party as a result.
10 Disputes and Applicable Law.
10.1 Dispute resolution. If disputes arise between the Client and Comm.V CH4 (BB Naturas) that cannot be settled amicably, they will be submitted to the competent court in Ghent. Both parties shall conform to the judgment of this court.
10.2 Applicable Law. All agreements between the Client and Comm.V CH4 (BB Naturas) shall be governed by Belgian law. Any disputes between the parties shall be settled in accordance with Belgian law and case law.
11. Refund and Returns Policy Overview
11.1 Our refund and returns policy lasts 14 days. If 14 days have passed since your purchase, we can’t offer you a full refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
- Gift cards
- Downloadable software products
- Some health and personal care items
To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
11.3 Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org
11.4 Sale items
Only regular priced items may be refunded. Sale items cannot be refunded.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com and send your item to: CH4 COMM. V. Ledergemstraat 65/17, 9041 Gent Belgium
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.
To return your product, you should mail your product to: CH4 COMM. V. Ledergemstraat 65/17, 9041 Gent Belgium
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Contact us at firstname.lastname@example.org for questions related to refunds and returns.
12. Contact details
CH4 COMM. V.
Ledergemstraat 65/17, 9041 Gent