General Terms of Sale of Turmali BV
Article 1 - Foreword
It is important to read, understand and accept all of the following terms and conditions, because any sale made on the Site is subject to the application of this contractual framework, and in particular these general terms and conditions of sale. By placing an order on the Site, You accept to be bound by these terms and conditions.
This preface is an integral part of the general conditions of sale.
Article 2 - Definitions
In the general conditions of sale, the following terms are to be understood as follows:
Good(s): any good(s) offered for sale by Turmali on the Site;
GTC: these General Terms and Conditions of Sale;
We: Turmali, namely the legal entity offering its Goods for sale on the Site, whose details are set forth in Article 4 of these T&C, also referred to as "Our," "Us," etc;
Contracting Parties: the parties who undertake to comply with this T&C, namely You and Turmali (We).
Site: the Turmali Internet site, accessible at the following address: www.collavita.eu;
Durable medium : any device which enables the consumer or the trader to store information addressed personally to him in a way which makes it accessible for future use for a period of time appropriate to the purpose for which the information is intended, and which allows an unchanged reproduction of the stored information;
You: the person who accesses, uses and/or places an order to purchase the Goods on the Site.
Article 3 - Scope
These GTC determine the respective obligations of the Contracting Parties when selling Goods through our online store, accessible on the Internet site www.collavita.eu, in accordance with the ordering process described in article 7 of these GTC.
These T&C apply only to orders intended for delivery addresses in Belgium.
Article 4 - Our legal notices
Identity of the company: the Site collavita.euwis managed by the company Turmali, private limited liability company under Belgian law, with registered office located at Fritz Vinckelaan 97, 8450 Bredene, Belgium, with VAT number BE0732955556.
Contact : our customer service can be reached by e-mail at the address firstname.lastname@example.org or by phone at +32 59 650 275 from Monday to Friday from 8 am to 8 pm and on Saturday from 9 am to 4:30 pm.
Article 5 - Your responsibilities
You declare that You are legally competent and at least 18 years old on the day of placing the order. For the purposes of this T&C, You are acting for personal purposes to the exclusion of any professional or commercial purposes.
You agree to provide information, in accordance with these T&C, that is true, accurate and current.
You are the holder of the bank card and/or PayPal account with which payment will be made for the Good(s) ordered in accordance with the ordering process provided in Article 7 of these T&C, or You confirm that You have the valid authorization of the holder.
The username and password that give You access to Your customer account are confidential. You undertake not to disclose them to third parties.
Article 6 - Offers and prices
The representation of the Products on our Internet Site does not have the value of a contractual offer but serves as a non-binding, online catalog. All Goods presented on the Site are described in good faith and as faithfully as possible.
Offers and prices are indicated in euros and are valid only on the date the order is placed. They may be modified at any time, without prior notice.
Rate reductions or other promotional offers indicated on the packaging of the products ordered are already incorporated into our selling prices listed on our Site.
Only the price indicated on the Site is effective between the Contracting Parties. The prices indicated at the end of the ordering process indicate the total prices, including all taxes, as well as delivery and any other costs.
Given the large amount of data on the Site, it is possible that some data may be incorrect and if the price indicated is clearly wrong, You cannot demand that the sale be closed at this incorrect price.
Article 7 - Conclusion of the contract
7.1. Placing the order on the Site.
Each order placed on the Site follows several steps: each step is completed successively by the "click" of a confirmation icon.
The ordering process follows a logical and transparent path that YOU can see thanks to a layout and graphic design provided for this purpose.
When You click on an icon whose designation or presentation entails a commitment that any Internet user can understand, You are bound by your click. This is the case, for example, for icons named "Validation," "Payment," or similar designations.
The ordering process gives the opportunity to correct errors and determine the language in which to enter into the agreement when multiple languages are available.
The ordering process allows you to easily understand what payment methods are accepted, what delivery methods are suggested and what their costs are.
By clicking on the "Pay" button, you place a firm order of the items in your shopping cart. The confirmation of receipt of the order occurs immediately upon receipt of the order. This confirmation of receipt of the order does not constitute a binding acceptance of the order.
7.2 Reservation of non-validation of the order
We reserve the right not to validate the order, especially in the following situations:
- In case of Goods not in stock. We offer on the Site only the Goods that are in stock. Our services and prices are applicable as long as they are visible on the Site. In case of an order for a Good that, for whatever reason, is out of stock, we will inform You and cancel the order for the out of stock Good;
- In case of refusal of validation of payment by the issuer of the payment card You use, or in case of fraud or reasonable suspicion of fraud;
- In case of an order for a large quantity of the same Good or for the same delivery address;
- In case of abuse of the right of withdrawal granted to You by Article 11 of these terms and conditions, in several previous orders;
In such a situation, the amounts You may have deposited will be fully refunded as soon as possible, the order will be canceled and the purchase agreement will be considered as not concluded.
7.3 Sending a confirmation e-mail and concluding the purchase agreement
The purchase agreement is concluded by sending an e-mail of shipment confirmation of the order. This e-mail will be sent within two business days after we receive your order.
You undertake to check that You have received this e-mail of shipment confirmation of the order in your mailbox, if necessary also in the spam folder or junk folder.
The order shipment confirmation email contains a link to this T&C.
You undertake to keep, on the one hand, a copy of this email of shipment confirmation of the order and, on the other hand, a copy of the relevant T&C, either by printing them or by keeping them on a Durable Data Carrier.
7.4 Electronic invoice
You agree to receive an electronic invoice.
Article 8 - Validity and proof of the order
Regardless of other written evidence or evidence stored on any other Durable Data Carrier to which You have access, it is agreed that the automated records, stored in our automated systems or those of our hosting service, may count as evidence of communications, the content of orders, their date and payments made between the Contract Parties.
Article 9 - Delivery
Once the email of shipment confirmation of the order is sent, in accordance with Article 7.3 of these T&C, we undertake to deliver the Goods to the delivery address specified during the ordering process.
The delivery of the Good is made in a package, by mail, through the intervention of a transport company engaged by Us at the delivery place You have indicated to Us.
Delivery times are generally 2 to 5 working days unless specifically stated otherwise on the Site or in cases of force majeure.
You will be informed of any delivery restrictions/problems no later than the beginning of the ordering process.
Our deliveries are free from a certain amount indicated on the Site at the time of the order (after deduction of the purchase/discount vouchers and before application of the delivery costs). For all other orders, delivery costs are invoiced in accordance with the information indicated on the Site at the time of the order. Any risk of loss or damage to the Goods is transferred to You upon Your taking delivery of the Goods, that is, You, or a third party designated by You who is not the carrier, physically taking delivery of the Goods.
Any complaints relating to a defect of the Goods delivered, an inaccuracy in quantities or an incorrect reference with respect to the order confirmed on the Site must be reported, upon receipt of the Goods, to our customer service department, whose contact details are listed in article 4 of these T&C. This clause does not affect the right of withdrawal and the legal warranties you enjoy, if any, in accordance with these terms and conditions.
Article 10 - Terms of payment
The suggested payment methods are payment by credit card, through PayPal and, if necessary, through other payment methods that we will indicate no later than the beginning of the ordering process. We reserve the right to change the available payment methods without prior notice.
In case of an entry of incorrect bank information, chargeback or account with insufficient commission, for which You are responsible or a third party affiliated with You, the resulting costs and bank charges will be for Your account.
Payment of the purchase price is due upon conclusion of the contract. Provided that the legal conditions are met, the customer is automatically considered to be in arrears if he does not make payment within a period of 30 days from the date on which such payment became due and the invoice, which specifically states the consequences of arrears, was received. In case of late payment, You will be liable to pay default interest in the amount of 5% per year. No demand letter or notice of default will be sent. The debtor is not considered to be in arrears if payment has been delayed for a reason beyond his responsibility.
Article 11 - Right of withdrawal
11.1 Your right of withdrawal
You have the right to revoke Your order, without giving reasons, within a period of thirty (8) calendar days from the day on which You, or a third party designated by You who is not the carrier, takes physical possession of the Good.
To exercise this right, You must communicate Your decision that You wish to withdraw before the expiration of the period of (8) eight days: by letter sent by post to the address Turmali, Fritz Vinckelaan 97, 8450 Bredene, or by e-mail to the address email@example.com.
Our customer service department, whose contact details are listed in Article 4 of these T&C, will specify the conditions for the return of the Good. We reserve the right to refuse returns that do not comply with the stated conditions.
You undertake to return the Good to us, within a period of no more than fourteen (14) calendar days following the notification of your wish to withdraw.
Shipping costs will be at our expense if a problem attributable to us has occurred in the processing and delivery of your order. If this is not the case, the direct costs of the return shipment will be at your expense.
We will refund You the amount paid on Your order, including the delivery charges (excluding the additional charges payable if You have chosen a more expensive delivery method than the proposed standard delivery method), no later than fourteen (14) calendar days from the day on which We are notified of Your decision to withdraw from this Agreement. However, We reserve the right to delay the refund until We have received the Good or until You have provided proof that the Good has been shipped, taking the date of the first event. We will proceed with the refund by using the same means of payment that You used for the original transaction, unless We expressly agree another means of payment with You.
You may be held responsible for impairment of the Good resulting from handling or use beyond what was necessary to determine the nature, qualities and functioning of the Good.
11.2 The exceptions to the right of withdrawal
The order of the following Goods does not give a right of revocation:
- All dietary supplements. Numerous dietary supplements may spoil in the presence of heat or direct exposure to the sun. Since we cannot check whether the dietary supplements have been mishandled after delivery, they can therefore no longer be marketed. For this reason, no right of withdrawal is possible regarding dietary supplements;
- The Goods whose seal is broken or damaged after delivery and which cannot be returned for hygienic reasons or for health protection;
- Goods manufactured to your specifications or clearly personalized;
- Goods that may spoil quickly or whose expiration date could be passed quickly.
Article 12 - Archiving of the contract
We store the completed contract electronically.
You may access the stored contract in which You were one of the Contracting Parties by contacting our customer service department whose contact information is listed in Article 4 of this T&C.
Under no circumstances will the said contract be made available to third parties.
Article 13 - Limitations of liability.
We reserve the right to refuse an order, without incurring any liability, for example on the grounds of, and this list is not exhaustive, transmission of obviously incorrect data, non-payment or authorization refusal from your financial institution, orders involving an abnormally large number of Goods, etc.
In the event of non-performance, We cannot be held liable if the non-performance or poor performance of the sales contract is either attributable to You or is due to an unforeseeable or insurmountable fact, a third party in the provision of services to the client or a fact attributable to a case of force majeure.
In the current state of technical means, we cannot guarantee that data transmission over the Internet is free of errors and/or possible at any time. Consequently, we decline any responsibility regarding technical and electronic errors that would occur beyond our control, in particular regarding delays in the processing of orders.
Article 14 - Legal warranties
Legal warranties apply to the Goods.
If a warranty is mentioned in the description of an item, your legal rights in this regard remain in effect.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
Article 15 - Final provisions
15.1 Amendments to the GTC
We reserve the right to modify these T&C at any time, without prior notice, according to changes made to the service, the evolution of legislation or for any other legitimate reason.
In the special case that the service must be modified due to changes in law, We will make every effort to make these modifications as soon as possible. During this period, You acknowledge that We cannot be held responsible for temporary conformity defects.
The new T&C are posted online with the date of update and apply to YOU immediately.
The version of the GTC that You object to is permanently available on the service.
You undertake to keep You informed of these changes by regularly consulting the page of the service with the GTC.
If one or more clauses of this T&C, in whole or in part, should be declared void, invalid, illegal or inapplicable under applicable law, this situation shall not affect the validity of the remaining clauses. The void, invalid, illegal or inapplicable clause shall be retroactively replaced by a valid and applicable clause whose content is as close as possible to the original clause.
15.3 Evidence Agreement
The Contract Parties agree that they may exchange the information necessary for the service (including the invoice) and the performance of this T&C by electronic means. All electronic communications between the Contract Parties shall be deemed to have the same probative value as a writing on paper. When your username/password is used, We assume that You are using the service yourself.
A printed version of the T&C and all warning notices in electronic form shall be accepted in any judicial or administrative proceedings related to this contractual relationship, just as and under the same conditions as other documents, registers and commercial documents prepared and kept in printed form.
15.4 Force Majeure
Notwithstanding any provision to the contrary, neither Contract Party shall be held responsible for delay in the performance or non-performance of its obligations due to force majeure (such as strike, war, earthquake, disaster of any kind, direct or indirect effects of explosion, fire, heat release, flood or any other form of force majeure).
The relationship we maintain with You is that of an independent contractor.
In the event of a dispute between You and other users of the Service or between You and a third party, We have no obligation to interfere therein. You indemnify us, our administrators, employees and other members from any legal action, damages of any kind, whether known or unknown, relating to such disputes involving You.
15.6 Communication and notification
Any communication or notice from Us to You will be deemed valid when addressed to the e-mail address You have provided to Us, even if it is no longer valid.
You may contact us for any information, questions or complaints regarding the Site or the T&C through our customer service department, accessible through the "Contact Us" section.
In case of a dispute, You will initially turn to our company with a view to an amicable settlement.
You can also turn to the European online dispute resolution platform at http://ec.europa.eu/consumers/odr.
If this is not possible, only the Belgian authorities are competent, regardless of the place of delivery and the accepted method of payment, in accordance with Article 15.8 of these GTC.
15.8 Dispute resolution
The contractual relationship based on these T&C between You and Us shall be governed by Belgian law. Any dispute relating to the validity, interpretation, performance or non-performance, interruption or termination of these T&C shall be governed exclusively by Belgian law and shall fall within the exclusive jurisdiction of the Belgian courts for any type of proceedings.
However, the choice of applicable law cannot have the effect of depriving the consumer of the protection guaranteed to him by the provisions from which derogation is possible only by virtue of the law that would be applicable in the absence of choice. The choice of applicable law does not allow to derogate from the mandatory rules of international law before the law of the court seized.