Terms of service

General Terms and Conditions of Sale of Munch Superfood (Munch.superfood)

Article 1 - Preamble

The specific terms and conditions of each sale (goods purchased, prices, terms, etc.), these terms and conditions of sale, the general terms and conditions of use of the Site (see definitions below), and the Privacy Policy, together constitute the contractual framework applicable to every sale made on the Site. They cancel and replace any other prior communications.

It is important to read, understand, and accept all of the following terms and conditions, as every 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 and conditions.

This preface forms an integral part of the general terms and conditions of sale.

The collection and use of your personal data in the context of an order on the Site is carried out in accordance with the Privacy Policy to which we refer you.

Article 2 – Definitions

In the general terms and conditions of sale, the following terms shall 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, namely the legal entity that offers its Goods for sale on the Site, the details of which are set out in Article 4 of these GTC, also referred to as "Our", "Us", etc.;

Contracting Parties: the parties that undertake to comply with these To respect these Terms and Conditions, namely you and Munch Superfood (We).

Site: the Munch Superfood website, accessible at the following address: www.munchsuperfood.com

Durable medium: any instrument that enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the stored information;

You: the person who accesses the Site, uses it, and/or places an order to purchase Goods on the Site.

Article 3 – Scope

These Terms and Conditions define the respective obligations of the Contracting Parties when selling Goods through Our online store, accessible at www.munchsuperfood.com, in accordance with the ordering process described in Article 7 of these Terms and Conditions. Terms and Conditions.

These Terms and Conditions apply only to orders for delivery addresses in Belgium.

Article 4 – Our Legal Notice

Company Identity: The website www.munchsuperfood.com was founded by Jessica Wilton, with registered office at Maarschalk Gerardstraat 6, 2000 Antwerp, Belgium.

Private company VAT number: BE0749.664.203

Controller: Jessica Wilton.

Contact: You can reach our customer service by email at info@munchsuperfood.com.

Article 5 – Your Responsibilities

You declare that you have legal capacity and are at least 12 years old on the date you place your order. Under these Terms and Conditions, you are acting for personal purposes, excluding any professional or commercial purposes.

You agree to provide true, accurate, and up-to-date information in accordance with these Terms and Conditions.

You are the holder of the bank card and/or PayPal account used to pay for the ordered Good(s) in accordance with the ordering process set out in Article 7 of these Terms and Conditions, or you confirm that you have the valid authorization of the cardholder.

The username and password that give you access to your customer account are confidential. You agree not to disclose them to third parties.

Article 6 - Offers and Prices

The display of products on our website does not constitute a contractual offer but serves as a non-binding online catalog. All Goods presented on the Site are described in good faith and as accurately as possible.

Offers and prices are indicated in euros and are only valid on the date the order is placed. They may be changed at any time, without prior notice.

Price reductions or other promotional offers indicated on the packaging of the ordered products are already included in our sales prices listed on our Site.

Only the price indicated on the Site is valid between the Contracting Parties. The prices stated at the end of the ordering process represent the totalAll prices, including all taxes, as well as delivery costs and any other charges.

Given the large amount of information on the Site, it is possible that some information is incorrect, and if the indicated price is clearly incorrect, you cannot claim that the purchase is concluded at this incorrect price.

Article 7 - Conclusion of the contract

7.1. Placing an order on the Site

Each order placed on the Site follows several steps: each step is completed successively by clicking on a confirmation icon.

The ordering process follows a logical and transparent path that you can see thanks to a layout and graphic design designed 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 labeled "Validation," "Payment," or similar names.

The ordering process allows you to correct errors and determine the language in which the agreement can be concluded when multiple languages ​​are available.

The ordering process allows you to easily understand which payment methods are accepted, which delivery methods are offered, and what their costs are.

By clicking the "Pay" button, you place a firm order for the items in your shopping cart. Confirmation of receipt of the order occurs immediately upon receipt of the order. This confirmation of receipt of the order does not constitute 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 the case of Goods that are out of stock. We only offer Goods that are in stock on the Site. 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 of this and cancel the order for the out-of-stock Good;
• In the event of refusal to validate payment by the issuer of the payment card You use, or in the event of fraud or reasonable suspicion of fraud;
• In the event 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, with multiple previous orders;
• In the event of a medicinal or therapeutic risk identified in the order for the ordered Goods (for example, in the event of an interaction between different ordered products, etc.).

In such a situation, any amounts You may have paid will be fully refunded as soon as possible, the order will be canceled, and the purchase agreement will be deemed not to have been concluded. arrived.

7.3 Sending a confirmation email and concluding the purchase agreement

The purchase agreement is concluded by sending an email confirming the order's shipment. This email will be sent within two business days of receiving your order.

You agree to check whether you have received this order confirmation email in your inbox, and if applicable, also in your spam or junk folder.

The order confirmation email contains a link to these Terms and Conditions.

You agree to keep a copy of this order confirmation email and a copy of the relevant Terms and Conditions, either by printing it or saving it on a durable medium.

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 another durable medium to which you have access, it is agreed that the Automated records, stored in Our automated systems or those of Our hosting service, may serve as proof of communication, order content, date, and payments made between the Contracting Parties.

Article 9 - Delivery

Once the order shipping confirmation email has been sent, in accordance with Article 7.3 of these Terms and Conditions, We undertake to deliver the Goods to the delivery address provided during the ordering process.

The Goods will be delivered in a parcel, viaThe postal service, through a carrier contracted by Us, will deliver to the delivery location you have indicated to Us.

Delivery times are generally 2 to 5 business days, unless otherwise stated on the Site or in the event of force majeure.

You will be informed of any delivery restrictions/problems at the beginning of the ordering process at the latest.

Our deliveries are free of charge for orders over a certain amount specified on the Site at the time of ordering (after deduction of purchase/discount vouchers and before applying delivery charges). For all other orders, delivery charges will be invoiced in accordance with the information stated on the Site at the time of ordering. All risk of loss or damage to the Goods shall pass to you upon receipt of the Goods, i.e., upon your physical possession of the Goods by you or a third party designated by you, other than the carrier.

Any complaints regarding a defect in the delivered Goods, an inaccuracy in the quantities, or an incorrect reference compared to the order confirmed on the Site, must be reported to our customer service department, whose contact details are stated in Article 4 of these Terms and Conditions, upon receipt of the Goods. This clause does not affect the right of withdrawal and the legal guarantees you enjoy, if applicable, in accordance with these terms and conditions.

Affiliated subscriptions can be cancelled at any time. The second order will always be shipped and settled.

Article 10 - Payment Terms

The proposed payment methods are credit card, PayPal, and, if applicable, other payment methods that We will indicate at the beginning of the ordering process. We reserve the right to change the available payment methods without prior notice.

In the event of incorrect bank details, chargebacks, or insufficient funds for which you or a third party affiliated with you are responsible, you will be responsible for any resulting costs and bank charges.

Payment of the purchase price is due upon conclusion of the agreement. Provided the legal requirements are met, the customer is automatically deemed to be in default if they fail to make payment within 30 days from the date on which this payment became due and the invoice specifically stating the consequences of the default has been received. In the event of late payment, you are obligated to pay default interest of 5% per year. No reminder or notice of default will be sent. The debtor will not be deemed to be in arrears if payment is delayed for a reason beyond their control.

Article 11 - Right of Withdrawal

11.1 Your Right of Withdrawal

You have the right to cancel your order, without giving any reason, within 7 calendar days from the day on which you, or a third party designated by you, other than the carrier, physically takes possession of the Goods.

To exercise this right, you must notify us of your decision to cancel before the expiry of the 7-day period: by email to info@munchsuperfood.com.

Our customer service, whose contact details are stated in Article 4 of these Terms and Conditions, will indicate the conditions for returning the Goods. We reserve the right to refuse returns that do not meet the stated conditions.

You agree to return the Goods to Us within 7 calendar days of notifying Us of your withdrawal request.

We will cover the shipping costs if a problem attributable to Us occurred during the processing and delivery of your order. Otherwise, you will be responsible for the direct costs of returning the goods.

We will refund you the amount paid for your order, including the shipping costs (with the exception of additional costs incurred if you chose a more expensive delivery method than the standard delivery option offered), within 7 calendar days of receiving your notice of withdrawal. However, We reserve the right to withhold the refund until We have received the Goods or until you have provided proof that the Goods have been shipped, whichever is the earlier. We will make the refund using the same means of payment as you used for the initial transaction,Unless we expressly agree on a different payment method with you.

You may be held liable for any diminished value of the Goods resulting from handling or use other than what is necessary to establish the nature, qualities, and functioning of the Goods.

11.2 Exceptions to the Right of Withdrawal

The order of the following Goods does not entitle you to withdrawal:

• Goods whose seal has been broken or which have been damaged after delivery and which cannot be returned for reasons of hygiene or health protection;
• Goods manufactured to your specifications or which are clearly personalized;
• Goods that may spoil quickly or whose expiry date could be quickly exceeded.

Article 12 - Archiving the Contract

We will store the concluded Save the contract electronically.

You can access the saved contract to which you were one of the Contracting Parties by contacting Our customer service, whose contact details are listed in Article 4 of these Terms and Conditions.

This contract will under no circumstances be made available to third parties.

Article 13 – Limitations of Liability

We reserve the right to refuse an order, without incurring any liability for this, for example on the grounds of, but not limited to, the provision of manifestly incorrect information, 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 improper performance of the purchase agreement is attributable to you, or is attributable to an unforeseeable or insurmountable event, a third party in the provision of services to the client, or a fact attributable to a In the event of force majeure.

Given the current state of technical resources, we cannot guarantee that data transmission via the internet will be error-free and/or possible at all times. We therefore disclaim any liability for technical and electronic errors that may occur beyond Our control, in particular with regard to delays in order processing.

Article 14 – Legal Guarantees

The legal guarantees apply to the Goods.

If a guarantee is stated in the description of an item, your statutory rights in this regard remain in full force.

Article 15 – Final Provisions

15.1 Amendments to the Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time, without prior notice, in light of changes to the service, changes in legislation, or for any other legitimate reason.

In the exceptional case that the service needs to be adapted due to changes in legislation, We will make every effort to implement these adjustments as quickly as possible. During this period, you acknowledge that We cannot be held responsible for temporary non-compliance.

The new Terms and Conditions will be posted online with the date of update and will apply to you immediately.

The version of the Terms and Conditions that applies to you will be permanently available on the Service.

You agree to keep yourself informed of these changes by regularly consulting the Terms and Conditions page on the Service.

15.2 Severability

If one or more clauses of these Terms and Conditions are declared null, invalid, illegal, or inapplicable, in whole or in part, under applicable law, this will not affect the validity of the remaining clauses. The void, invalid, illegal, or inapplicable clause will be replaced retroactively by a valid and applicable clause whose content is as close as possible to the original clause.

15.3 Agreement on Evidence

The Contracting Parties agree that they may exchange the information necessary for the service (including the invoice) and the performance of these Terms and Conditions electronically. All electronic communication between the Contracting Parties is deemed to have the same evidentiary value as written communication. When your username/password is used, we assume that you are using the service yourself.

A printed version of the Terms and Conditions and all warnings in electronic form will be accepted in any judicial or administrative proceedings related to this contractual relationship.and under the same conditions as other documents, registers, and commercial documents drawn up and stored in printed form.

15.4 Force Majeure

Notwithstanding any provision to the contrary, neither Contracting Party shall be held liable for delays in the performance or non-performance of its obligations resulting from force majeure (such as strikes, war, earthquakes, disasters of any kind, direct or indirect consequences of an explosion, fire, heat release, flooding, or any other form of force majeure).

15.5 Relationships

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 from any legal action, damages of any nature, known or unknown, relating to any such disputes in which You may be involved.

15.6 Communication and Notification

Any communication or notice from Us to You will be deemed valid when sent to the email address You provided Us, even if it is no longer valid.

15.7 Complaints

You can contact Us for any information, questions, or complaints regarding the Site or the Terms and Conditions via Our customer service, which can be reached via the "Contact" section.

In the event of a dispute, you should first contact Our company for an amicable settlement.

We are obligated to cooperate in resolving disputes concerning the sale of our products.

15.8 Dispute Resolution

The contractual relationship based on these Terms and Conditions between you and us is governed by Belgian law.

Last modified on 22-09-24