General Terms and Conditions of Sale (AVV)
Munch Superfood General Terms and Conditions of Sale (Munch.superfood)
Article 1 – Preface
It is important to read, understand and accept all of the following terms and conditions, as 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 agree to be bound by these terms.
This foreword is an integral part of the general terms and conditions of sale.
Article 2 – Definitions
In the general terms and conditions of sale, the following terms should be understood as follows:
Good(s): any (all) good(s) that Munch Superfood offers for sale on the Site;
GTC: these General Terms and Conditions of Sale;
We: Munch Superfood, i.e. the legal entity that offers its Goods for sale on the Site, the details of which are stated in Article 4 of these GTC, also referred to as “Our”, “Us”, etc.;
Contracting Parties: the parties that undertake to respect these GTC, namely You and Munch Superfood (We).
Site: Munch Superfood's Internet site, accessible at the following address: www.munchsuperfood.com
Durable data carrier: any tool that enables the consumer or the trader to store information addressed to him personally in a way that makes this information accessible for future use for a period that is adapted to the purpose for which the information is intended, and which allows unaltered representation 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 define the respective obligations of the Contracting Parties in the sale of Goods through Our online shop, accessible on the Internet site www.munchsuperfood.com, in accordance with the ordering process described in article 7 of these GTC.
These GTC only apply to orders destined for delivery addresses in Belgium.
Article 4 – Our legal notices
Company identity: The Site www.munchsuperfood.com was founded by Jessica Wilton, whose registered office is at Apostelstraat 8/001, 2000 Antwerp, Belgium.
Private limited company VAT number: BE0749.664.203
Responsible: Jessica Wilton.
Contact : our customer service can be reached by e-mail at the address firstname.lastname@example.org.
Article 5 – Your responsibilities
You declare that you are legally competent and that you are at least 12 years old on the day of placing the order. Within the scope of these GTC, You are acting for personal purposes, to the exclusion of any professional or commercial purpose.
You undertake to provide information, in accordance with these GTC, that is true, accurate and current.
You are the holder of the bank card and/or PayPal account through which payment will be made for the Good(s) ordered in accordance with the ordering process provided for in Article 7 of these GTC, 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 it to third parties.
Article 6 – Offer and prices
The display of the products on Our Internet site does not constitute a contractual offer but serves as a non-binding, online catalogue. All Goods presented on the Site are described in good faith and as faithfully as possible.
The offers and prices are indicated in euros and are only valid on the date the order is placed. They are subject to change at any time without notice.
Rate reductions or other promotional offers indicated on the packaging of the products ordered are already included in Our sales prices stated on Our Site.
Only the price indicated on the Site is effective between the Contracting Parties. The prices stated at the end of the ordering process indicate the total prices, including all taxes, as well as delivery costs and any other costs.
Due to the large amount of information on the Site, it is possible that some information is incorrect and if the price quoted is clearly wrong, You cannot demand that the sale be concluded 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 sequentially 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 every internet user can understand, you are bound by your click. This is the case, for example, for the icons with the name “Validation”, “Payment” or similar names.
The ordering process gives the opportunity to correct errors and to determine the language in which the agreement can be concluded when several languages are available.
The ordering process makes it possible to easily understand which means of payment are accepted, which methods of delivery are proposed and what their costs are.
By clicking on the "Pay" button, you place a firm order for the items in your shopping cart. The confirmation of receipt of the order takes place immediately after 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, in particular in the following situations:
- In case of Goods not in stock. We only offer on the Site the Goods that are in stock. Our services and prices apply as long as they are visible on the Site. In the event of an order for a Good that, for whatever reason, is no longer in stock, We will inform You and cancel the order for the out of stock Good;
- In case of refusal of validation of the payment by the issuer of the payment card you are using, 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 the event of abuse of the right of withdrawal granted to You by Article 11 of these terms and conditions, for several previous orders;
- Upon identification of a medicinal or therapeutic risk detected in the order of the ordered Goods (for example, in case of identification of an interaction between different ordered products, etc.).
In such a situation, the amounts that you have deposited will be refunded in full as soon as possible, the order will be canceled and the purchase agreement will be deemed not to have been concluded.
7.3 Sending a confirmation email and concluding the purchase agreement
The purchase agreement is concluded by sending an order confirmation e-mail. This e-mail will be sent within two working days after We have received your order.
You undertake to check whether you have received this order confirmation e-mail in your mailbox, if necessary also in the spam or junk folder.
The order dispatch confirmation e-mail contains a link to these GTC.
You undertake on the one hand to keep a copy of this order confirmation e-mail and on the other hand a copy of the relevant GTC, either by printing it or by keeping it on a durable data carrier.
7.4 Electronic invoice
You agree to receive an electronic invoice.
Article 8 – Validity and proof of the order
Notwithstanding any other written evidence or evidence stored on another Durable data carrier to which You have access, it is agreed that the automated registers stored in Our automated systems or those of Our hosting service may serve as evidence for the communication, the content of the orders, their date and the payments made between the Contracting Parties.
Article 9 - Delivery
Once the order confirmation email has been sent, in accordance with Article 7.3 of these GTC, We undertake to deliver the Goods to the delivery address specified during the ordering process.
The Goods are delivered in a package, by post, through the intermediary of a transport company engaged by Us at the place of delivery that You have indicated to Us.
Delivery times are generally 2 to 5 working days unless otherwise stated on the Site or in case of force majeure.
You will be informed of any delivery restrictions/problems at the latest at the beginning of the order process.
Our deliveries are free of charge above a certain amount indicated on the Site when placing the order (after deduction of purchase/discount coupons and before application of delivery costs). For all other orders, delivery charges will be invoiced in accordance with the information provided on the Site when placing the order. Any risk of loss or damage to the Goods shall pass to You upon Your taking delivery of the Goods, i.e. You, or a third party designated by You who is not the carrier, takes physical receipt of the Goods.
Any complaints regarding a defect of the Goods delivered, an inaccuracy in the quantities or an incorrect reference to the order confirmed on the Site, must be reported to Our customer service after receipt of the Goods, the contact details of which are given in article 4 of these GTC. This clause does not affect the right of withdrawal and the legal guarantees that you enjoy, if any, in accordance with these terms and conditions.
Article 10 – Payment terms
The proposed payment methods are payment by credit card, via PayPal and, where appropriate, other payment methods that We will indicate at the latest at the beginning of the order process. We reserve the right to change the available payment methods without notice.
In the event of a statement of incorrect bank details, chargeback or insufficient commission account, for which You or a third party affiliated to You are responsible, the resulting costs and the bank charges shall be borne by You.
Payment of the purchase price is due upon conclusion of the contract. Insofar as the legal conditions are met, the customer is automatically considered to be in arrears if he does not pay the payment within a period of 30 days from the date on which this payment became due and payable and the invoice, in which the consequences of late payment are specified. stated has been received. In the event of payment arrears, you are obliged to pay late interest at a rate of 5% per year. No reminder letter or notice of default will be sent. The debtor is not considered to be in arrears if payment is delayed for reasons beyond his responsibility.
Article 11 – Right of withdrawal
11.1 Your right of withdrawal
You have the right to cancel your order, without giving any reason, within a period of 7 calendar days, from the day on which You, or a third party designated by You, who is not the carrier, takes physical receipt of the Goods.
To exercise this right, you must notify your decision that you wish to withdraw before the expiry of the 7-day period: by email to email@example.com.
Our customer service, whose contact details are given in Article 4 of these GTC, indicates the conditions for the return of the Good. We reserve the right to refuse returns that do not meet the stated conditions.
You undertake to return the Goods to Us within a period of no later than 7 calendar days following the notification of your wish to withdraw.
The shipping costs will be borne by Us if there is a problem with the processing and delivery of your order attributable to Us. If this is not the case, then the direct costs of the return are for your account.
We will refund You the amount paid with your order, including the delivery costs (with the exception of the additional costs due if You have chosen a more expensive delivery method than the proposed standard delivery method), no later than 7 calendar days from the day on which We are notified of the your decision to withdraw from this agreement. However, We reserve the right to withhold reimbursement until We have received the Good or until You have provided proof that the Good has been sent, whichever is the date of the first occurrence. We will proceed with the refund using the same payment method that You used for the original transaction, unless We expressly agree on a different method of payment with You.
You may be held responsible for any diminished value of the Good that results from handling or use beyond what was necessary to establish 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 the right of withdrawal:
- All fresh juices. Our fresh juices can spoil in the presence of heat or direct exposure to the sun. Since We cannot check whether the juices have been handled incorrectly after delivery, they can no longer be marketed. For this reason, no right of withdrawal is possible with regard to fresh juices;
- Goods whose seal has been broken or which are damaged after delivery and which cannot be returned for reasons of hygiene or health protection;
- Goods manufactured to your specifications or which are clearly personalised;
- Goods that can spoil quickly or whose expiration date could be quickly exceeded.
Article 12 – Archiving of the contract
We store the concluded contract electronically.
You can access the stored contract where You were one of the Contracting Parties by contacting Our customer service whose contact details are given in Article 4 of these GTC.
The said contract is under no circumstances made available to third parties.
Article 13 – Limitations of Liability
We reserve the right to refuse an order, without We being liable for this, for example on the basis of, and this list is not exhaustive, the transmission of clearly incorrect data, non-payment or refusal of authorization by your financial institution, orders relating to 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 purchase agreement is either attributable to You or attributable to an unforeseeable or unavoidable event, a third party in the provision of services to the client or a fact attributable to a case of force majeure.
At the current state of technical means, We cannot guarantee that data transmission over the Internet is error-free and/or possible at any time. We therefore decline any responsibility with regard to technical and electronic errors that may occur beyond Our control, in particular with regard to delays in the processing of orders.
Article 14 – Legal guarantees
The statutory guarantees apply to the Goods.
If a warranty is stated in the description of an item, your statutory rights in this regard remain.
Article 15 – Final provisions
15.1 Changes to the GTC
We reserve the right to change these GTC at any time, without prior notice, depending on the changes made to the service, the evolution of the legislation or for any other legitimate reason.
In the special case that the service has to be adjusted due to changes in the law, We make every effort to make these adjustments as quickly as possible. During this period, You acknowledge that We cannot be held responsible for any temporary lack of conformity.
The new GTC will be posted online stating the date of update and will be immediately applicable to You.
The version of the GTC against which you object is permanently available on the service.
You undertake to keep you informed of these changes by regularly consulting the GTC service page.
If one or more clauses of these GTC, in whole or in part, should be declared void, invalid, illegal or inapplicable under the applicable law, this situation will not affect the validity of the other clauses. The void, invalid, illegal or inapplicable clause will 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 Contracting Parties agree that they may exchange the information necessary for the service (including the invoice) and the execution of these GTC by electronic means. All electronic communication between the Contracting 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 use the service yourself.
A printed version of the GTC and all warning notices in electronic form are accepted in any judicial or administrative procedure 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 anything to the contrary, neither Contracting Party shall be liable for any 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 consequences of an explosion, fire, released heat, 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 intervene. You indemnify Us, Our administrators, employees and other members of any and all claims, damages of any kind, known or unknown, in relation to such conflicts in which You may be involved.
15.6 Communication and Notice
Any communication or notice from Us to You will be deemed valid when addressed to the email address You have provided Us with, even if it is no longer valid.
You can contact Us for any information, questions or complaints regarding the Site or the GTC through Our customer service, accessible via the “Contact” section.
In the event of a dispute, You should first contact Our company with a view to an amicable settlement.
We are obliged to cooperate in the resolution of disputes for cases concerning the sale of our products.
15.8 Dispute Resolution
The contractual relationship based on these GTC between You and Us is subject to Belgian law.
Last edited on 25-01-21