Terms and Conditions

Terms and Conditions

PART I: GENERAL

Article I. 1 – Identification and Definitions

For the purposes of these general terms and conditions, the following definitions apply:

  • Degomeat with registered office at 9300 Aalst, Langestraat 170, with company number 0461.340.116 (VAT number: BE0461340116), which uses the trade name 'Herbafix'. Herbafix can be reached on telephone number 0478 68 59 18 and at the e-mail address info@herbafix.be
  • Consumer: any natural person who acts for purposes outside his trade, business, craft or profession and who is domiciled in the territory of Europe. – Company: any natural person or legal entity established on the territory of Europe that pursues an economic goal in a sustainable manner, provided that this has been expressly determined by Herbafix for the purchase of its products.
  • Website: Herbafix's website being 'www.herbafix.com'.

PART II – TERMS APPLICABLE TO CONSUMERS

Article II.1 – Applicability of general terms and conditions

These general terms and conditions (Part I and II) apply to every offer and sale from Herbafix to consumers via the Website. The text of these general terms and conditions is made available digitally to the consumer before the distance contract is concluded.

Article II.2 – Prices and payment

All prices include VAT. The payment methods accepted by Herbafix can be found on the Website and are stated at the start of the ordering process.

Article II.3 – Offer

Each offer is valid while supplies last and can be changed at any time. Images are for illustrative purposes only and the packaging delivered may differ in images from the product illustrated online.

Herbafix does not accept orders from persons not domiciled in Belgium or the Netherlands.

Article II.4 – Conclusion of purchase

An order can be placed via the Website by following the steps as indicated in the webshop on the Website.
After ordering the goods, an overview of the ordered goods is provided and made available online to the consumer. Upon confirmation of the order, cash payment will be requested according to the indicated payment method. Upon receipt of full payment, delivery will be made by Herbafix. The consumer will then be informed with a confirmation of his purchase and with the modalities of delivery in accordance with the indicated delivery method.

Herbafix reserves the right to refuse orders in the following cases:

  • in the event of stock depletion or an item being no longer available;
  • upon discovery of an incorrect offer;
  • when requesting delivery outside Belgium and the Netherlands;
  • in case of force majeure. 2

Article II.5 – Delivery

Deliveries are made in accordance with the delivery method as indicated by the consumer in the context of the order placed by him. The delivery times communicated by Herbafix are indicative. Herbafix cannot be held liable for damage resulting from exceeding delivery times. The place of delivery is the address that the consumer has communicated to Herbafix as the delivery address.

Taking into account what is stated in Article II.4, Herbafix will execute accepted orders expeditiously, but no later than within 14 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 14 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.

In the event of dissolution in accordance with the previous paragraph, Herbafix will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

Article II.6 – Complaints

Any visible damage and/or qualitative shortcomings of the goods or other shortcomings in delivery must be reported to Herbafix immediately and no later than two weeks later, under penalty of forfeiture of any rights.

Article II.7 – Warranty

Except for the deviating modalities below, only the legal warranty and the legal guarantee of conformity apply to the ordered items. The warranty for perishable products only applies during the expiration date as indicated on the packaging.

Except in the case of mandatory legal provisions, Herbafix is ​​not liable for any damage (directly or indirectly) caused by the delivered products. The warranty also does not apply in the event that the products are incorporated into other products.

Article II.8 – Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 calendar days without giving reasons.

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product. If the consumer has ordered multiple goods in the same order that are delivered separately, the aforementioned period starts on the day on which the consumer or a third party designated by the consumer, who is not the carrier, takes physical possession of the last good.

During the cooling-off period, the consumer will handle the product and packaging with care. Only unopened packaging can be returned. The consumer is liable for any reduction in value of the product that is the result of the way the product is handled. If the consumer exercises his right of withdrawal, he must report this to Herbafix within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. The consumer returns the product to (an authorized representative of) Herbafix as quickly as possible, but within 14 calendar days of the aforementioned notification. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Herbafix.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. Herbafix will reimburse all payments made by the consumer without delay but within 14 days following the day on which the consumer reports the withdrawal. Herbafix may wait with reimbursement until the time of receipt of the returned product or until the consumer proves that he has returned the product, whichever is the earlier.

Herbafix uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, it is not necessary

Herbafix does not refund the additional costs for the more expensive method. For withdrawal, the consumer can rely on the model withdrawal form and the associated model instructions, which are added as an appendix to these Terms and Conditions.

Article II.9 – Privacy

When entering consumer data via the websites, personal data within the meaning of the Privacy Protection Act can be transferred. The personal data provided by the consumer will be processed by Herbafix for the following purposes: the execution of the agreement between the consumer and Herbafix, including invoicing and delivery of products purchased by the consumer.

The data may also be processed for promotional and prospecting purposes and to inform consumers about Herbafix and its products and services. If the consumer does not wish this, he can inform Herbafix in writing or by e-mail. At the request of the consumer, the use of personal data will be limited to the purposes set out in the first paragraph of this article.

The consumer has a right of communication and correction of the data concerning him or her. To this end, it is sufficient to contact Herbafix at the (e-mail) address stated in the contact information in Article I.1, providing proof of identity.

A public register of automated processing of personal data is kept by the Commission for the Protection of Privacy. If the consumer requires additional information about the way in which Herbafix processes personal data, he or she can also consult this register.

The consumer is personally liable for the management of his login and password, which are strictly linked to his person.

Article II.10 – Liability

The consumer uses the website and the webshop at his own responsibility. Herbafix is ​​not liable for any failure or unavailability of the webshop as a result of technical malfunction. Herbafix is ​​not liable for any damage to consumers as a result of the spread of a virus via the website.

Herbafix guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. An additional warranty provided by Herbafix never limits the legal rights and claims that the consumer can assert against Herbafix under the agreement if Herbafix has failed to fulfill its part of the agreement.

Article II.11 – Applicable law and competent court

Belgian law applies to the conclusion, interpretation, execution and termination of the agreement between the consumer and Herbafix. In the event of disputes, only the courts of the judicial district where Herbafix's registered office is located have jurisdiction.

PART III – TERMS APPLICABLE TO COMPANIES

Article III.1 – Applicability of general terms and conditions

These general terms and conditions (parts I and III) apply to all quotations, order confirmations, delivery documents, invoices and other documents from Herbafix. All agreements between Herbafix and the company are governed by these general terms and conditions (Parts I and II), to the exclusion of the company's terms and conditions, unless other terms and conditions have been expressly accepted by Herbafix in writing.

Article III.2 – Offers

All offers and quotations from Herbafix are without obligation and purely indicative. They do not connect Herbafix. Merely communicating prices, delivery times, contract conditions, etc. does not imply any obligations for Herbafix.

Article III.3 – Conclusion of purchase

An order can be placed via the website by following the steps as indicated in the webshop on the Website. After ordering the goods, an overview of the ordered goods is provided and made available online to the company. Herbafix is ​​only committed after the company's order is accepted by Herbafix. Upon confirmation of the order, cash payment will be requested according to the indicated payment method. Upon receipt of full payment, delivery will be made by Herbafix.

Herbafix reserves the right to refuse orders in the following cases:

  • in the event of stock depletion or an item being no longer available;
  • upon discovery of an incorrect offer;
  • to a delivery address outside Belgium and the Netherlands;
  • in case of force majeure.

Article III.4 – Price

All costs, taxes, levies, import duties or other levies relating to the (delivery of the) goods are borne by the company. The prices stated on the website are exclusive of VAT and shipping costs.

Article III.5 – Invoice and payment

In the absence of a protest by registered letter or fax, each invoice will be considered accepted within 7 days of its dispatch. All invoices are payable in cash via the payment system chosen on the website. All payment costs are borne by the company.

In the event of full or partial non-payment of an amount due on the due date, a first reminder will be sent. (without extra costs) The customer then has 14 days to pay the invoice. After those 14 days, reminder costs and late payment interest may be charged:
– Invoices up to €150, maximum reminder costs: €20.
– Invoices between €150 and €500, maximum reminder fee: €30, plus 10% of the amount due.
– Invoices of more than €500, maximum reminder fee: €65, plus 5% of the amount due (with a maximum of €2,000.00)

Any costs of collection or legal proceedings will be borne by the company. Without prejudice to the provisions of Article III.11, invoices not paid by the company by the due date give Herbafix the right to suspend further services and deliveries to the company until full payment has been received.

Non-payment of a single invoice on the due date makes the balance due on all other, even non-matured invoices, immediately due and payable by operation of law.

Article III.6 – Delivery

All delivery times stated by Herbafix are indicative only. A delay in delivery can under no circumstances give rise to a claim for damages from Herbafix, nor does it constitute a ground for suspension or termination of the agreement by the company. The transport of the goods to be delivered always takes place at the risk of the company, even if the transport is carried out by Herbafix.

Article III.7 – Complaints

The company must check the quality and quantity of the goods upon receipt. Complaints about a visible defect or non-conformity must be communicated to Herbafix by registered letter or fax immediately upon receipt (and in any case within 24 hours after delivery), under penalty of inadmissibility. Complaints regarding hidden defects must be communicated in the same manner within 2 working days after the defect was discovered or could reasonably have been discovered, under penalty of inadmissibility. 5 Late complaints are inadmissible. Complaints can no longer be formulated after treatment, processing, mixing, use, consumption or resale of the goods.

Article III.8 – Liability

Herbafix can only be held liable for damage resulting from intent or gross negligence. Herbafix is ​​not responsible for physical or material damage, nor for any other consequential damage (such as lost profits, loss of customers, costs associated with a product recall, etc.), directly or indirectly, resulting from the possession, use, consumption or defective are or will be delivered goods.

Herbafix can never be held liable for an amount that exceeds the price of the delivered goods.

In the event of an admissible and well-founded complaint, Herbafix will, at its option, take back the delivered goods and issue a credit note or replace the goods, without ever being obliged to pay any other compensation.

The company undertakes to indemnify Herbafix against all liability claims from third parties resulting from the company's storage, handling, processing, mixing, use, consumption or resale of the goods supplied by Herbafix. The company will indemnify Herbafix against all losses and costs arising out of or in connection with such third party claim.

Herbafix's liability cannot be invoked when non-compliance with its obligations is due to cases of force majeure, such as war, civil commotion, partial or general strike, partial or general lock-out, contagious diseases, operating accidents, fire, machine breakdown, bankruptcy of suppliers, lack of raw materials, etc. Force majeure does not entitle the company to terminate the agreement or to compensation for damages.

Article III.9 – Retention of title

The goods delivered by Herbafix remain the property of Herbafix until full payment of all amounts due, including interest and costs. This does not alter the fact that the risk of the goods sold passes to the company upon delivery, without prejudice to any earlier transfer of risk.

As long as the goods have not been paid for in full, the company undertakes not to mix, process, use, consume, sell, pledge or otherwise dispose of the goods or use them as security.

If the goods are nevertheless processed, retention of title will transfer to the products in which the goods are processed without Herbafix bearing any responsibility for these products.

If the delivered goods are nevertheless sold, retention of title will transfer to the price still owed or already paid by the third-party buyer. The company unconditionally and irrevocably transfers all claims it may have on third parties as a result of the alienation of goods owned by Herbafix to Herbafix, which accepts.

Article III. 10 – Debt comparison

If Herbafix is ​​called upon by the company or a third party to whom the company has transferred its claim to pay a debt, regardless of the cause, Herbafix always has the right to offset this debt against its own claims, whether due or not, on the company or the third party.

Article III.11 – Default – Dissolution

If the company does not fulfill its obligations, Herbafix may opt for the termination of the agreement or part of it, or for its forced implementation, in each case with damages payable by the company. It is sufficient that Herbafix expresses its express intention to this end. No prior notice of default is required.

Any dissolution of the agreement will take place by operation of law, without judicial intervention, after notification by registered letter. The company is hereby obliged to Herbafix to compensate all damage suffered, including, among other things, lost profit, administration costs, any transport costs, storage costs, etc. The compensation owed by the company will amount to at least 25% of the price , without prejudice to Herbafix's right to prove greater damage.

If Herbafix's confidence in the creditworthiness of the company is shaken by acts of judicial enforcement against the company and/or other demonstrable events that call into question confidence in the proper execution of the agreement entered into, Herbafix reserves the right to withdraw the entire suspend the order or part of it and demand appropriate guarantees from the company. If the company refuses to comply with this, Herbafix reserves the right to regard one or more of the current agreements with the company as dissolved in whole or in part.

All agreements between Herbafix and the company form part of one global contractual relationship. If the company fails to fulfill its obligations under one agreement, Herbafix may suspend further performance of the relevant agreement as well as all other current agreements.

Article III.12 – Nullity

The possible nullity of one or more provisions of these conditions does not affect the applicability of all other clauses. Any provision of these terms and conditions that would be invalid, void or unenforceable due to conflict with any provision of mandatory law or public order will nevertheless have the maximum permitted effect.

Article III.13 – Competent court and applicable law

Without prejudice to Herbafix's option to choose the courts of the place of residence or registered office of the company, the courts of Herbafix's registered office always have jurisdiction in the event of disputes. Belgian law always applies. 7

APPENDIX 1: Model withdrawal form

To Herbafix bvba, with registered office at 9111 Belsele, Bookmolenstraat 30, with telephone number 0478 68 59 18, with fax number 037 22 92 51 and e-mail address info@herbafix.be :

I/We(*)

share/share(*)

hereby inform you that I/we(*)

our agreement regarding the sale of the following goods/provision of the following service(*)

revoke/revoke(*)

Ordered on (*)
/Received on (*)

Name(s) of consumer(s)

Address consumer(s)

Signature of consumer(s) (only when this form is submitted on paper)

Date (*)
Delete what is not applicable.