Terms and conditions
1.1. Without prejudice to the application of any conditions stipulating the contrary included in a separate written agreement, the following general sales conditions are applicable to all offers, estimates or agreements with Metagenics Belgium BV, with registered office at Edward Vlietinckstraat 20, 8400 Oostende (called “Metagenics” hereafter).
1.2. By clicking the "I acknowledge to have read and agree to the general terms and conditions" box, the contracting party (hereinafter the 'Customer') accepts the application of these general terms and conditions to the Order placed by the Customer. It should be possible for the Customer to save and view these conditions when placing the Order.
1.3. If a clause of these general conditions should prove unenforceable or is in contravention of an imperative legal clause, then this shall not affect the validity and enforceability of the other clauses of these general conditions nor shall it affect the validity and enforceability of that part of the clause concerned that is not unenforceable or in contravention of imperative law. The unenforceable or contrary clause shall automatically be considered to have been replaced by an enforceable and legally valid clause that fits as closely as possible to the purpose and scope of the original clause.
For the application of these conditions of sale, the following terms as they appear on the Bariatric Advantage site are to be understood as defined below:
2.1. Metagenics: Metagenics Belgium, a private limited company under Belgian law, with registered office at Edward Vlietinckstraat 20, 8400 Oostende, registered in the register of legal entities (Ghent, section Oostende) under number 881.352.886
2.2. Customer: Any natural or legal person with legal capacity, who places an order via the Website.
2.3. Order: Any request by the Customer to enter into a sales agreement with Metagenics in relation to any Product.
2.4. Product Page and Product Label: Indicate the information relating to a Product.
2.5. Products - Product: the Bariatric Advantage product range offered for sale by Metagenics on the Website.
2.6. Transaction: All actions, safety requirements, authorization processes and agreements inherent in the payment of Products ordered via credit card, or any other means of virtual transaction via the site.
2.7. Website: the website of Metagenics where the Products are offered and sold to Customers.
2.8. Term Agreement: the agreement by and between Customer and Metagenics related to the delivery of any Product at regular intervals.
To place an Order, the Customer logs in to the Website and fills his or her shopping cart with the Products selected during his or her visit to the Website. The Products purchased are paid for online using one of the options offered on the Website. Metagenics confirms the acceptance of the Order by e-mail and the Products are delivered to the Customer within the time specified.
4.1. All the information provided by the Customer, including the encryption of data that are inherent in the Order, is binding on the Customer. Metagenics can in no way be held liable for errors made by the Customer when entering the destination data (delivery address, including invoicing address), possible delivery delays or the impossibility to deliver the Products ordered.
4.2. The automatic registration systems are considered as proof of the content and date of the Order.
4.3. Upon receipt of the Order request, Metagenics confirms acceptance of the Order to the Customer via the Website by sending a confirmation to the e-mail address specified by the Customer at the time of the Order registration. The sale is not concluded until the Order confirmation has been sent.
4.4. In general and without any further explanation being required, Metagenics reserves the right to reject or cancel any Order, including, but not limited to, in the case of payment problems with the relevant Order or a dispute regarding payment of a previous Order.
4.5. Almost all of the Products are in stock. If the Product ordered is not in stock or not directly available from stock, Metagenics will notify the Customer of the delay in delivery via e-mail. If the Customer does not agree with this delay, he or she may change or cancel the Order within a period of two (2) days after the notification of delay.
4.6. Only legally competent persons under Belgian law may place an Order.
5.1. After confirmation of the Order and acceptance of the payment by the body in charge of the Transaction, Metagenics undertakes to send the Products ordered to the Customer at the delivery address specified, taking into account a general delay of several days depending on the destination (https://www.bariatricadvantage.eu/delivery).
5.2. By placing an Order, the Customer undertakes to arrange for the receipt of the goods and to pay all taxes, duties and any other present and future costs arising from delivery of the goods ordered. Metagenics cannot be held jointly and severally liable in this respect.
5.3. Delivery will be carried out by recognized transport companies. Delivery rates and times are available on the Website.
5.4. Upon receipt of the goods ordered, the Customer or the consignee must check the goods for defects and damage and take note of the conditions of use and instructions provided. Should one or more of the Products ordered be defective or damaged, the Customer or the consignee must immediately express formal appropriate reservations to the carrier at the time of delivery.
5.5. If a package has not been received notwithstanding multiple attempts by the carrier (maximum three attempts), it will be returned to Metagenics and the consignee informed by e-mail. An additional delivery may be requested by the Customer who will have to bear the associated costs (even if the first shipment was free).
5.6. Unless the parties have agreed another delivery time, Metagenics will deliver the goods without delay, and in any case not later than 30 days after conclusion of the agreement.
5.7. If Metagenics has not met its obligation to deliver the goods at the time agreed with the Customer or within the period referred to in Article 5.6, the Customer requests that delivery be made within an additional period that is deemed appropriate according to the circumstances. Metagenics will bear the costs of this additional delivery. Should Metagenics fail to deliver the goods within the additional period, the Customer will be entitled to terminate the agreement.
5.8. Upon termination of the agreement, Metagenics will immediately pay all amounts due under the agreement. In such a case, no other compensation can be claimed by the Customer from Metagenics.
6. Right of Withdrawal
The Customer has the right to withdraw from the contract within 14 days without giving any reasons.
The withdrawal period expires 14 days after the day on which the Customer or a third party appointed by the Customer acquires physical possession of the good or, if the Customer has ordered several goods via a single Order, if the good is made up of various shipments or components that are delivered separately, 14 days after the day on which the Customer or a third party other than the carrier, appointed by the Customer, acquires physical possession of the last good, last shipment or last component.
To exercise the right of withdrawal, the Customer must unambiguously notify Bariatric Advantage of his or her decision to withdraw from the agreement by post, by telephone (00800 5955 5955) or by e-mail (email@example.com).
The Customer may, but is not required to, use the attached model withdrawal form for this purpose.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If the Customer withdraws from the contract, Metagenics will reimburse all payments received from the Customer,
The Customer must immediately and in any event not later than 14 days after the day on which the Customer has notified Metagenics of his or her decision to withdraw from the contract, return or hand over the goods to Metagenics, unopened, preferably in their original packaging, undamaged and accompanied by the invoice and the delivery note. Considering the nature of the Products, i.e. food supplements, the Customer forfeits the right of withdrawal for Products that were opened (i.e. whose seal is broken). The Customer meets the withdrawal deadline if he or she returns the goods before the 14-day period has expired. The Customer must bear the direct costs of returning the goods. The Customer is solely liable for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. Duration and cancellation Subscription
7.1 The Customer can conclude a Subscription with Metagenics. A delivery of the Product takes place every three (3) or six (6) months. The Customer is free to make this choice. The Subscription is concluded for an indefinite period. The Customer may cancel this Order only after receipt of the second delivery and at the latest five (5) working days before the next scheduled delivery. Cancellation can only be done by completing the Subscription Cancellation form. This does not affect the customer's statutory rights.
7.2. Products that are delivered within this period will be charged and the Customer is also obliged to pay for these Products.
7.3. The Term Agreement can be terminated by the Customer and Metagenics with immediate effect without judicial intervention and without any obligation to pay damages on the part of the terminating party if:
a. the other party does not, not timely and/or properly comply with any obligation under this Term Agreement and after having been given written notice of default, does not fulfill its obligation within thirty (30) days; or
b. the other party (i) has applied for suspension of payments of the other Party, (ii) has filed for bankruptcy or is declared bankrupt, (iii) enters into a private agreement with its creditors, or (vi) proceeds to liquidation or business termination.
8.1. The price stated on the product page does not correspond with the transport-related costs.
8.2. The price stated in the order confirmation is the final price including all associated costs and VAT. The price includes the price of the goods and all handling, packaging and storage, and shipping costs.
8.3. Metagenics reserves the right to change, at any time, the prices listed on the Website, it being understood that the Products are invoiced based on the rates applicable at the time of the order registration.
9.1. The price of the goods is payable by one of the means of payment proposed on the date of Order.
9.2. Protection against fraudulent use of the means of payment used for the Transaction notably as a result of piracy and against possible disputes of payment of money orders is ensured by Adyen or any third party payment processor.
9.3. In countries where payment is possible by bank transfer, the goods will not be dispatched until receipt of payment into the account number specified.
9.4. The Order validated by the Customer will not take effect until the secure bank payment centre and adyn or any third party payment processor have given their approval on the execution of the Transaction. In the event of refusal by the secure bank payment centre or Adyen or any third party payment processor., the Order will be automatically cancelled and the Customer notified by e-mail.
9.5. The information relating to the Order is subject to automated data processing, which is the responsibility of Adyen or any third party payment processor.. Such automated data processing is intended to combat credit card fraud. Adyen or any third party payment processor.and Metagenics are the recipients of the data related to the Order. Failure to provide data in connection with the Order will prevent the execution and analysis of the transaction. In the event of fraudulent use of a credit card, of an irregular statement or an anomaly, the data related to the associated Order and the non-payment may be included in a payment incident file.
10.1. Except for its statutory liability for death or personal injury, Metagenics (including its agents or employees) is liable only for damage caused by intentional misconduct, gross negligence or fraud as well as for non-performance of any of the material services to be provided under the contract, except in the event of force majeure. Metagenics cannot be held liable for other errors.
In the foregoing paragraph, force majeure is understood to include, but is not limited to, strikes, fire, explosion, lock-out, accidents, war, shortage of means of transport, storm damage, floods and suchlike occurrences, suffered by Metagenics, its suppliers or agents.
10.2. If Metagenics should be held liable in relation to the Customer, then this liability is limited to the amount equal to the value of the invoice concerning the product by which the damage was caused. Metagenics cannot under any circumstances be held liable for indirect damage, including, yet not exclusively, consequential damage and loss of profit or turnover.
10.3. Unless expressly agreed otherwise by parties, Metagenics is not deemed to have knowledge or to have taken into account the unusual specific use that will be made of the goods by the Customer, so that Metagenics cannot be held liable for such use. The Customer is solely liable for the non-normal use made of the goods purchased and/or the purposes for which the goods are used. Metagenics is also not liable for any damage arising from the use of the goods purchased in combination with other products or materials.
11. Indemnification and Recall
11.1. The Customer shall indemnify Metagenics for any claims by third parties damaged in connection with the execution of the agreement and for which the cause is not attributable to Metagenics in accordance with article 9 of these general conditions.
11.2. Metagenics may oblige the Customer to remove goods from the market, which it placed on the market and on which a fault is found or on which a fault threatens to become known, within a reasonable period to be stipulated by Metagenics (recall). Metagenics cannot be held liable for any costs resulting from the recall of the Customer's goods.
Pursuant to articles 1649bis through 1949octies of the Civil Code, Metagenics is liable to the Customer for any non-conformity present at the time of delivery of the goods or established within a period of two years from said delivery. Notwithstanding the foregoing, the warranty for perishable Products is applicable only to the shelf life indicated on the packaging.
In no event can Metagenics be held liable for non-compliance with the legislation and regulations applicable in the country of receipt. Any liability incurred by Metagenics is limited exclusively to the value of the Product in question, as determined by the date of sale.
13. Personal information
13.1. Collection of personal information for distance selling is a legal requirement. This information is essential for the processing and delivery of Orders. Lack of information will result in non-validation of the Order.
13.2. Metagenics is subject to the General Data Protection Regulation 2016/679 on the protection of personal data, and the relevant national regulations. The law provides that businesses that collect personal data require a legal ground for processing of the data. The data must be accurate and collected for a specific, clear and legal purpose. Everyone must have access to and the right to modify their personal data. In compliance with the law, the processing of Customer personal data is registered with the Commission for Protection of Privacy. The Customer has the right to access, modify, rectify or delete the relevant information, which may be exercised by contacting Metagenics.
13.4. More information on how Metagenics complies with the GDPR can be found on this page.
14. Intellectual property rights
Texts, layout, illustrations, pictures and other elements on the Website are protected by copyright and in general by the principles of intellectual property right. Copying of the content of the Website is prohibited. No part of this website may be modified, copied to another site or published in any form without prior written permission from Metagenics. This site may also contain texts, illustrations and other elements that are protected by third-party copyrights. Metagenics will in no way and under no circumstances grant permission to use its intellectual property rights or those of third parties.
15. Applicable law in disputes
15.1. All agreements to which these general conditions are applicable, as well as all other agreements resulting from it, are governed exclusively by Belgian law.
15.2. All disputes concerning agreements subject to these general conditions are under the exclusive jurisdiction of the Courts of the court district of the registered office of Metagenics. This jurisdictional clause may only be deviated from through the explicit and prior written agreement of Metagenics.
16.1. Any complaints concerning faults in relation to the goods delivered must always be sent within eight (8) days by registered letter to the registered office of Metagenics. The Customer must describe the faults clearly. In the absence of a clear description the complaints cannot be accepted by Metagenics.
16.2. Goods that were damaged, made incomplete, opened or used by the Customer cannot be taken back by Metagenics unless the Customer pays the amount of the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If the Customer does not wish to pay this compensation, the returned goods will remain available to the Customer for a short period of time and the Customer's payment obligation will not be suspended.