Last update: 31 March 2023

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General conditions for webshop tephanie Scheirlynck Sportvoedingsadvies - www.stephaniescheirlynck.com

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(hereinafter 'The Platform')

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Business details:

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Stephanie Scheirlynck Sportvoedingsadvies VOF

Oossekouter 30, 9850 Deinze

VAT BE0688.659.220

Email: hello@stephaniescheirlynck.com
Telephone: +32479023227

 

(hereinafter 'We', 'The Seller', or 'Stephanie Scheirlynck Sportvoedingsadvies VOF')

GENERAL CONDITIONS

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1. Scope

These General Conditions of Use apply to any visit or use of the Platform by an internet user (hereinafter referred to as the "User").

 

By accessing or using the Platform, the User acknowledges having read these General Terms and Conditions of Use and expressly accepts the rights and obligations stated therein.

 

Exceptionally, the provisions of the General Conditions of Use may be waived by written agreement. Such deviations may consist of the amendment, addition, or deletion of the provisions to which they relate and do not affect the application of the other conditions of the General Terms and Conditions of Use.

 

We reserve the right to change our General Terms and Conditions of Use at any time and without prior notice, but we undertake to apply to a User the provisions in force at the time the User used the Platform.

 

2. Platform

A) Access & navigation

We take all reasonable and necessary measures to ensure the proper functioning, security, and accessibility of our Platform. However, we cannot provide an absolute guarantee of performance and our actions should therefore be regarded as covered by an obligation of means. Any use of the Platform is always at the User's own risk. Therefore, we are not liable for damage that may result from malfunctions, interruptions, defects, or even harmful elements on the Platform. We reserve the right to restrict access to the Platform or suspend its operation at any time, without notice.

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B) Content

The Seller largely determines the content of the Platform and takes great care of the information on it. We take all possible measures to keep our Platform as complete, accurate, and up-to-date as possible, even when the information about it is provided by third parties. We reserve the right to change, supplement or remove the Platform and its content at any time, without incurring any liability.

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We cannot offer an absolute guarantee with regard to the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate, or current. Consequently, we cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information provided on the Platform.

 

If certain content of the Platform violates the law or the rights of third parties or is contrary to good morals, we ask each User to inform us as soon as possible by email so that we can take appropriate measures. 

 

Any download from the Platform is always at the User's own risk. We are not liable for damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.

 

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between The Seller and the external website or even that there is an implicit agreement with the content of these external websites.

 

We have no control over such external third-party websites.

 

We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he/she will leave the Platform. We can therefore not be held liable for further damage.

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4. Intellectual property

The structure of the Platform, as well as the content, texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make up the Platform or that are accessible through the Platform, are the property of Stephanie Scheirlynck Sportvoedingsadvies VOF. Stephanie Scheirlynck Sportvoedingsadvies VOF has obtained the necessary rights, and as such is protected by the applicable and applicable intellectual property legislation.

 

Any representation, reproduction, adaptation, or partial or full exploitation of the content, brands, and services offered by the Platform, by any means, without the prior, express, and written permission of Stephanie Scheirlynck Sportvoedingsadvies VOF, is strictly prohibited, except for elements that are expressly indicated as 'royalty-free' on the Platform.

 

The User of the Platform is granted a limited right to access, use and display the Platform and its contents. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless otherwise agreed in writing in advance, the User is not permitted to modify, reproduce, translate, distribute, sell, or communicate the protected elements in whole or in part to the public.

 

The User is prohibited from entering data on the Platform that would change or could change the content or appearance of the Platform.

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5. Protection of personal data

We assure Users that we attach the utmost importance to the protection of their privacy and personal data and that we always strive to communicate clearly and transparently on this point.

 

The personal data provided by the User during his visit or use of the Platform is collected and processed for internal purposes only. 

 

We commit to comply with applicable legislation in this area, in particular, Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of that data (the 'General Data Protection Regulation' or 'GDPR') and the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.

 

The User's personal data is processed in accordance with the Privacy Policy available on the Platform.

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6. Applicable Law and Competent Jurisdiction

These General Conditions of Use are governed by Belgian law.

 

In the event of a dispute and the absence of an amicable solution between the parties, the dispute will be brought before the courts of the judicial district where LA. VA BV has its registered office.

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7. Other provisions

We reserve the right to change, expand, remove, limit, or interrupt the Platform and the associated services at any time, without prior notice and liability.

In the event of a breach of the Terms of Use by the User, we reserve the right to take appropriate sanctions and compensation measures. We reserve the right to temporarily or permanently deny the User access to the Platform or our services. These measures can be taken without giving reasons and without prior notice. They can accept the liability of Stephanie Scheirlynck Sportvoedingsadvies VOF, nor give rise to any form of compensation.

 

The illegality or total or partial invalidity of any provision of our General Terms and Conditions of Use will not affect the validity and application of the other provisions. In such a case, we are entitled to replace the provision with another valid provision that serves the same purpose.

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GENERAL TERMS OF SALE​

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1. Terms of sale

These General Terms and Conditions of Sale define the mutual rights and obligations in case of the purchase of products or services on the Platform by a User (who, for the General Terms and Conditions of Sale, is hereinafter referred to as "Customer").

 

The General Conditions of Sale express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.

 

Exceptions to the provisions of the General Terms and Conditions of Sale can be made in exceptional cases, provided that these exceptions have been agreed upon in writing. Such deviations may consist of amending, adding, or deleting the provisions to which they relate and do not affect the application of the other provisions of the General Terms and Conditions of Sale.

 

Stephanie Scheirlynck Sportvoedingsadvies VOF reserves the right to change the General Conditions of Sale from time to time. The changes will apply as soon as they are posted online for any purchase after that date.

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2. Online shop

Via the Platform, the Seller makes available to the Customer an online web shop that presents the products or services offered. The presentation of the products or services offered (eg via photos) has no contractual value.

 

The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable for this.

 

The products and services are offered within the limits of their availability.

 

Prices and taxes are listed in the online store.

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3. Price

The Seller reserves the right to change its prices at any time by publishing them online.

 

Only the prices indicated and the taxes in force at the time of the order are applicable, subject to availability on that date.

 

The prices are indicated in euros and do not take into account any delivery costs, which are also indicated and invoiced before the validation of the order by the Customer.

 

The total amount of the order (all taxes included) and, if applicable, the delivery costs will be stated before the final validation of the order.

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4. Ordering online

The Customer has the option to complete an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.

 

To validate his order, the Customer must accept these General Terms and Conditions of Sale by clicking on the place indicated.

 

The Customer must provide a valid email address, billing information, and, if applicable, a valid delivery address. Any communication with the Seller can take place via this email address.

 

In addition, the Customer must choose the mode of delivery and validate the method of payment.

 

The Seller reserves the right to block the Customer's order in case of non-payment, incorrect address, or any other problem on the part of the Customer until the problem has been resolved.

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5. Confirmation and payment

The Seller remains the owner of the ordered items until full payment of the order has been received.

 

A) Payment

The Customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation is in lieu of a signature.

 

The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his agreement to the sale and payment of the amounts due under the order.

 

The Seller has set up a procedure to check orders and means of payment to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification data from the Customer. In the event of refusal to authorize payment by credit card by accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

 

The Seller also reserves the right to refuse an order from a Customer who has not or only partially completed a previous order or who has a payment dispute pending.

 

B) Confirmation

Upon receipt of the validation of the purchase with payment, the Seller will send the purchase to the Customer, as well as an invoice, unless the latter is delivered with the order.

 

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to Customer Service before delivery (see contact details below).

 

In the event of unavailability of a service or product, the Seller will inform the Customer by email as soon as possible to replace or cancel the order for this product and possibly refund the price in question, with the remainder of the order remaining fixed and final.

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6. Proof

The communications, orders, and payments between the Customer and the Seller can be evidenced by automated records, which are kept in the Seller's computer systems under reasonable security conditions.

 

The orders and invoices are archived on a reliable and durable medium, which is regarded in particular as evidence.

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7. Delivery

Delivery will only take place after confirmation of payment by the Seller's bank.

 

The products are delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information from the Customer will be charged to the Customer.

 

Delivery will take place, according to the method chosen by the Customer, within the following periods:

 

Orders are shipped within three days (excluding weekends).

 

The delivery times are indicative. No compensation can be claimed from the Seller or the carrier in the event of late delivery. However, if delivery times exceed thirty days from the date of the order, the sales contract may be canceled and the Customer reimbursed.

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A) Control of the order

Upon receipt of the products, the Customer or the recipient checks the good condition of the delivered product or the conformity of the service provided. If one or more of the products ordered are missing or damaged, the Customer or the recipient must formulate the necessary reservations to the carrier at the time of delivery and immediately inform the Seller. The verification is deemed to have been carried out as soon as the Customer or a person authorized by him has accepted the order without reservation. Any reservation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and releases the Seller from any liability towards the Customer.

 

B) Error in the delivery

In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall inform the Seller within three working days of the delivery date. Any complaint not submitted within the time limit cannot be taken into consideration and releases the Seller from any liability towards the Customer.

 

C) Returns and Exchanges

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If the delivered goods were damaged during transport, do not correspond to the items stated on the delivery note, or do not correspond to the items ordered, this must be reported by email at hello@stephaniescheirlynck.com as soon as possible and no later than 3 days after delivery. The items must be returned to Stephanie Scheirlynck Sportvoedingsadvies VOF within 14 days. In such case, we will bear the costs of returning the goods.

 

We cannot be held responsible for any consequential damages due to late delivery or non-delivery by the appointed carrier. Liability in such cases is limited to the value of the items proven not to have been received by the customer.

 

Any other returns for products ordered and delivered are not possible.

 

How to return:

 

Send an email to hello@stephaniescheirlynck.com stating which product you wish to return and the order number.

 

Send the package back with Bpost. You are responsible for the shipping costs and for the return, so be sure to ask for confirmation of shipment.

 

After receipt of the return shipment you will receive a confirmation email and we will refund the amount within 14 days.

 

Any complaint and any return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and releases the Seller from any liability towards the Customer.

 

Any product to be exchanged or refunded must be returned to the Seller in its entirety and its original packaging.

 

The costs for the return shipment are for the account of the Customer.

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8. Warranties

The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of the conclusion of the contract.

 

If the Customer is a consumer, he has two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the purchased product was a second-hand good, the warranty period is one year.

 

The lack of conformity must be reported to the Seller as soon as possible and in any case no later than two months after the discovery of the sale.

 

9. Right of withdrawal

This article only applies insofar as the Customer is a consumer. If that is the case, the Customer can exercise his legal right of withdrawal and dissolve the agreement within 14 working days after delivery (taking possession) of the goods or within 14 days after concluding the service agreement.

 

A) Return and refund

After notification of its decision to withdraw, the Customer has 14 days to return or return the goods.

 

The Customer may request a refund of the returned product, at no additional cost. However, the costs of return will be borne by the Customer.

 

The return or exchange of the product can only be accepted for the products if they are still whole, intact, and in their original condition, in particular with complete, intact packaging and in a state of resale.

 

The Seller shall refund to the Customer all amounts paid, including delivery costs, within 14 days of taking back the goods or sending proof of dispatch of the goods.

 

B) Exceptions to the right of withdrawal

Any withdrawal that is not carried out in accordance with the rules and deadlines of this article and the applicable law cannot be taken into account and releases the Seller from any liability towards the Customer.

 

If the order relates in whole or in part to the delivery of digital content that is not supplied on a material carrier, the Customer expressly agrees that the agreement can be executed immediately. The Customer hereby acknowledges that he or she will lose the right of withdrawal if the agreement is immediately executed.

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Template withdrawal form

To the attention of:

 

Stephanie Scheirlynck Sportvoedingsadvies VOF

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Oossekouter 30, 9850 Deinze

VAT BE0688.659.220

Email: hello@stephaniescheirlynck.com
Telephone: +32479023227

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I/We (*) hereby inform you (*) of my/our (*) withdrawal from the contract relating to the good (*)/provision of the service mentioned below:

________________________________

________________________________

________________________________

 

Ordered on (*)/received on (*): __________

 

Name(s) of consumer(s): __________

 

Address(es) of the consumer(s): __________

 

Signature of the consumer(s) (only if this form is completed on paper):

____________________

 

Date: __________

 

* Strike out what is not applicable

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10. Data protection

The Seller shall retain in its computer systems and under reasonable security conditions proof of the transaction, including the purchase order and invoice.

 

The Seller guarantees its Customer the protection of its personal data in accordance with the Privacy Policy available on the Platform.

 

11. Force majeur

Force majeure applies if the Seller is wholly or partially prevented from executing the order due to an unforeseen circumstance beyond his control.

 

In case of force majeure, the Seller has the right to suspend the execution of the order in whole or in part for the duration of the force majeure. The Seller shall immediately inform the Customer thereof.

 

If the force majeure continues for more than 90 days without interruption, each of the parties has the right to terminate the contract unilaterally, by registered letter to the other party. The services already provided by the Seller will nevertheless be invoiced to the Customer on a pro-rata basis.

 

12. Independence of the provisions

If one or more provisions of these General Terms and Conditions of Sale are declared illegal or void, the remaining provisions will remain in full force and effect.

 

The illegality or total or partial invalidity of any provision of these General Terms and Conditions of Sale shall not affect the validity and application of the other provisions.

 

The Seller reserves the right to replace the illegal or invalid provision with another valid provision having the same purpose.

 

13. Applicable law and competent court

These General Conditions of Sale are governed by Belgian law.

 

In the event of a dispute and the absence of an amicable solution, the dispute will be submitted to the courts of the judicial district of the Seller's registered office.