Conditions générales de vente
La société Suplemint S.R.L. est une société à responsabilité limitée de droit Belge au capital social de (10000) euros, dont le siège social est situé sis 36, Chemin des Ornois – 1380 Lasne – Belgique, immatriculée au Registre des Sociétés du Braband Wallon sous le numéro 0757794781, et dont le numéro de T.V.A. intracommunautaire est BE 0757.794.781 (ci-après « Suplemint »).
ARTICLE 1 – GENERAL PROVISIONS
The present General Terms and Conditions of Sale (hereinafter referred to as the "GTC") aim to determine the terms applicable to any order (hereinafter the "Order(s)") placed on the website "suplemint.com" (hereinafter the "Site") between Suplemint and all individuals of legal age (over eighteen (18) years old), having full legal capacity and acting for their personal needs as consumers (hereinafter the "Client(s)").
The T&Cs are made available to the Client and can be directly consulted on the homepage of the Site under the "Terms and Conditions of Sale" tab.
Any Order placed on the Site implies the Client's acceptance of these GTC. As a result, the Client unreservedly accepts that these GTC are fully applicable to them and take precedence over any clause contained in any document or conditions of the Client or third parties, and constitute the entirety of the contractual relations between the parties.
The GTC may be modified by Suplemint at any time. In the event of a modification of the GTC, the applicable version of the GTC is the one appearing on the Site and accepted by the Client at the time of the final validation of the Order.
No deviation from these GTC shall be allowed except by a written agreement signed by the parties.
ARTICLE 2 – THE PRODUCTS
2.1 – Product Presentation:
The products offered for sale are those described on the Site (hereinafter the "Products"). Suplemint takes the utmost care in the description and presentation of the Products on the Site in order to best satisfy the information needs of each Client.
For technical reasons (photographic and/or computer-related), the actual appearance of the Products may sometimes differ from the photos on the Site. In case of doubt, or to obtain any additional information, it is possible to contact Suplemint by email at the following address: info@suplemint.com.
2.2 – Product Compliance:
Some Products offered for sale on the Site are dietary supplements with a nutritional and/or physiological effect, alone and/or combined, and are intended to be used as a supplement to a normal diet. These Products can in no way replace a varied and balanced diet.
These Products are not intended to replace medical treatment or to prevent or cure any disease. It is reminded that the Client is required to consult a doctor to obtain professional advice for any actual or suspected health problem, and/or to determine the suitability of a Product for a potential actual or suspected health problem.
The main characteristics and specific compositions of the Products are those presented on the Site and on the packaging of each Product. The Customer is required to carefully review them before placing any order. The Customer is particularly required to be aware of any allergens present in certain Products.
The choice and purchase of a Product is the sole responsibility of the Client.
2.3 – Availability of Products:
Product offers are valid, unless otherwise specified, as long as the Products are visible on the Site and while stocks last.
Any Order is concluded subject to the actual availability of the Products.
In the event of the Product being unavailable, Suplemint will immediately inform the Customer and may offer a Product of equivalent quality and price or, failing that, a refund of the amount of the Order placed.
When an Order involves multiple Products, the available Products will be delivered to the Customer.
Apart from the refund of the price of an unavailable Product, Suplemint is not obliged to provide any compensation to the Client.
ARTICLE 3 – PRICE
3.1 – Sale price:
The prices of the Products displayed on the Site are indicated in euros, and are inclusive of all taxes (TTC).
The cost of delivering the Products is not included in the price and is charged additionally to the Customer. The amount is specified to them prior to the final validation of the Order, and then specifically indicated on the Order summary.
Suplemint may modify the price of the Products offered on the Site at any time. The Products are billed based on the prices indicated on the Site at the time of Order confirmation.
3.2 – Promotions:
Suplemint may offer promotional and/or discount codes to be entered during the Order process. The promotional and/or discount code is valid until its expiration date and according to the conditions indicated in the offer presented on the Site.
The Customer can only use one promotional code per Order. The promotional code is non-cumulative and can only be used once per Order. It is not retroactive and cannot be applied once the Order has been placed and confirmed by the Customer.
ARTICLE 4 – SUBSCRIPTION
Suplemint offers the possibility to subscribe to a subscription, consisting of the periodic delivery of Products (hereinafter the "Subscription").
The Subscription is entered into by the Client via the Site, and has an initial duration of four (12) weeks. It is tacitly renewed for successive periods of four (4) weeks. The Subscription is entered into with a minimum commitment of 12 weeks.
The initial payment is made in accordance with article three (3) of these GTC. Upon renewal, the payment is made every four (4) weeks and is carried out by bank debit via a SEPA direct debit mandate accompanied by a mandatory bank account details (RIB).
Suplemint reserves the right to terminate the subscription by operation of law, without notice or prior formal notice, in the event of violation of applicable laws and regulations by the Client.
In the event of the Client's breach of any provision of these GTC, Suplemint may notify the said Client, by any means, to remedy this breach within a period of fourteen (14) calendar days.
If, at the end of this period, the breach persists, Suplemint may lawfully terminate the Subscription by any means, without prejudice to any damages to which Suplemint may be entitled. The termination will take effect upon receipt of said notification by any means.
It is specified that in the absence of actual payment of the Subscription by the Client, the Products subject to the Subscription will not be delivered to the Client in accordance with these GTC.
The Client has the option to terminate the Subscription through their personal account provided on the Site, no later than one (1) day before the end of the current Subscription period.
ARTICLE 5 – ORDER PROCESS
5.1 – Generalities
The Client is solely responsible for the accuracy of the information they provide when placing any Order. Suplemint cannot be held liable for any damage (direct or indirect) related to the Client's communication of incorrect or incomplete information when placing an Order.
5.2 – Order Conclusion Process
The Client can browse the Site and learn about the various Products offered for sale without any obligation to purchase.
The Client chooses and selects the product(s) they wish to purchase, as well as the desired quantity, by clicking on "Add to cart", and by first consulting the descriptive sheet of the concerned Products and verifying that they are suitable for them.
Once their selection is made, they can continue their selection by clicking on "Continue", view a complete summary of their Order by clicking on "View Cart", or finalize their order by clicking on "Order".
The Products available on the Site are offered for sale (i) through a one-time payment, or (ii) through a Subscription.
The opening of an account by the Client is mandatory for the registration and processing of any Order. The Client can create an account (i) either by clicking on the "My Account" icon and providing the necessary information, (ii) or after selecting the Products during the Order confirmation.
The Client accesses the Order summary and must then decide on the delivery method, the payment method, and provide their contact details (names, first names, delivery and billing addresses, email address, and phone number).
The Client then proceeds to the final confirmation of the Order, which involves reading and checking the box to accept these T&Cs, clicking on "Order" or "Subscribe," and making the payment.
Until the Order is confirmed, the Client has the option to modify or cancel it. The Client's confirmation through payment of the Order means that the Order is firm and final, unless otherwise provided below.
5.3 – Refusal of Order validation:
Suplemint reserves the right to refuse any Order for legitimate reasons, such as an abnormally high number of Products ordered in relation to the Client's status as a consumer, if there is a dispute between the Client and Suplemint regarding the payment of a previous Order, and/or in the case of an abnormal Order or one placed in bad faith.
ARTICLE 6 – PAYMENT
When validating the Order, the Customer guarantees Suplemint that they are the holder of the payment methods used. Otherwise, the Customer guarantees that they have the authorization of the holder of the payment method used.
The payment for any order is made by credit card (Visa / Mastercard / American Express) or via PayPal, Apple Pay, iDeal, Bancontact, through a secure payment module integrated on the Site.
ARTICLE 7 – DELIVERY
7.1 Delivery methods and times
Suplemint offers two delivery options for the Client to choose from:
A "home" delivery; or
A delivery "to a pickup point."
Whatever delivery method is chosen by the Client, the delivery time is between two (2) and fifteen (15) business days from the final validation of the Order. The Client will receive a notification by email upon the shipment of the Order with a tracking number allowing them to track their package.
Any delivery delay must be reported in writing as soon as possible by the Client to Suplemint, who will conduct an investigation with the carriers concerned. Suplemint undertakes to respond within a reasonable time to remedy the situation. Failing this, the Client will have the option to cancel their Order if the delivery has not occurred no later than thirty (30) days after the delivery date initially indicated to the Client, provided that the delay is not due to the Client's actions or a case of force majeure.
For availability reasons, Suplemint may exceptionally decide to deliver an Order to the Client in several installments, without the Client having to bear any additional delivery charges.
The Product(s) become the property of the Client when the Client, or a third party designated by them, physically takes possession of the Product(s), subject to full payment of their price.
7.2 – Absence of delivery or collection of the Products:
Suplemint cannot be held responsible in any way for errors made by the Client in the delivery address wording, and for any potential delays or impossibilities in delivering the Products inherent to this error.
In the same way, Suplemint cannot be held responsible in any case for the Client's failure to collect the Products delivered to the relay point selected by the Client.
Each delivery is deemed to be completed as soon as the Products are made available by the carrier to the Client or to a third party designated by them, as evidenced by the control system used by the carrier. Unless proven otherwise, no dispute regarding the delivery itself will be possible if the package appears to have been delivered, with the carrier's computer system serving as proof.
7.3 – Receipt of delivery:
Regardless of the delivery method, the Client undertakes to check the apparent condition of the delivered Products and the conformity of the quantity of Product(s) delivered with the Order.
If the Client notices that the apparent condition of the package is damaged, they must immediately refuse the package with the carrier. If the Client notices an anomaly upon receipt of their Order and the ordered Product(s) turn out to be damaged or broken, they must expressly contact Suplemint by email at info@suplemint.com.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1 – Conditions and period for exercising the right of withdrawal:
In accordance with the applicable provisions, the Client who has placed an Order on the Site has a withdrawal period of fourteen (14) calendar days from the actual receipt of the Product(s) ordered to exercise their right of withdrawal with Suplemint, without having to justify any reason or pay any penalty.
In the event that multiple Products are ordered by the Customer through a single Order, but these Products are delivered separately, the withdrawal period expires fourteen (14) calendar days after the day on which the Customer physically takes possession of the last Product from their Order.
8.2 – Terms of exercising the right of withdrawal:
In order to exercise their right of withdrawal and register their order return request, the Client may use the Standard Withdrawal Form available in the appendix of these GTC (which can also be downloaded here) or any other statement as long as it is unambiguous, and send it within the allotted time to the following address:
By postal mail: Suplemint S.R.L
36, Chemin des Ornois – 1380 Lasne
Belgium
By email: info@suplemint.com
Upon receipt of the Client's decision to withdraw, Suplemint will promptly send an acknowledgment of receipt by email.
Following the Client's communication of their decision to withdraw, the Client must return the relevant Product(s) to Suplemint without undue delay and at the latest within fourteen (14) calendar days following the Client's communication of their decision to withdraw. If the Product(s) are not returned within fourteen (14) calendar days following the Client's communication of their decision to withdraw, no refund will be issued.
Due to the specific nature of the Products offered for sale on the Site by Suplemint, the Products must be returned complete (order form, accessories, etc.) in their original packaging for the right of withdrawal to be exercised. Products that have been partially or fully consumed, damaged (crack, breakage, torn and illegible label, etc.), with damaged packaging, opened or soiled, in such a way that they are no longer suitable for sale and/or consumption, will not be accepted for return.
If the Product cannot be returned, the return will be refused and the Client may, if they wish, retrieve the goods subject to their Order by paying a new delivery fee.
In addition to the foregoing, the Client's liability shall only be sought with respect to the depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product(s).
8.3 – Refund following the exercise of the right of withdrawal:
Suplemint undertakes to reimburse the Client for the full amount paid, including delivery costs (except for any additional delivery costs resulting from the Client choosing, if applicable, a delivery method other than the less expensive standard delivery method offered by Suplemint).
Unless expressly agreed by the Client for another means of reimbursement, the refund of the Product(s) will be made using the original payment method used by the Client as soon as possible. This refund will not incur any fees for the Client.
The refund of all amounts paid may, however, be deferred until the actual recovery of the returned Product(s) or until the Customer has provided proof of shipment of the Product(s).
ARTICLE 9 – INTELLECTUAL PROPERTY
All the elements appearing on the Site are and remain the exclusive property of Suplemint or the holders of said rights who have granted an exploitation right to Suplemint.
The fact that a Client can use the Site does not imply any transfer or authorization to exploit or use any of the elements composing the Site.
Any reproduction, modification, distortion, representation, total or partial exploitation of the Site and/or one or more of its elements, by any means and on any medium, is strictly prohibited and may result in legal action, unless prior written authorization is obtained from Suplemint and/or its partners.
Any simple or hypertext link is strictly prohibited without written consent from Suplemint. It must be removed upon simple written request from Suplemint.
ARTICLE 10 – FORCE MAJEURE
In the event of a force majeure, as commonly understood by court jurisprudence, Suplemint cannot be held liable for a breach of any of its contractual obligations.
In such a case, Suplemint will inform the Client as soon as possible, providing in particular a brief description of the event exhibiting the characteristics of force majeure, an estimate of its duration, as well as the normally foreseeable consequences of the force majeure on the execution of these GTC.
Beyond a period of two (2) months of interruption due to force majeure, Suplemint may not fulfill the Order, with Suplemint being responsible for reimbursing the Client if applicable.
ARTICLE 11 – LIABILITY
Suplemint's liability cannot be sought in all cases where the non-fulfillment of its obligations is due to a third party, the Client, or in the event of the occurrence of a force majeure event in accordance with Article 10 of these GTC.
Suplemint cannot be held liable for any inconveniences or damages inherent to the use of the Internet, including service interruptions, the occurrence of bugs, external intrusions, or the presence of computer viruses.
Suplemint cannot be held liable for any indirect damages suffered by the Client that may occur as a result of or in connection with the execution of these GTC.
It is the Client's responsibility to verify the compliance of the Product(s) subject to the Order with the legislative and regulatory provisions in force in the country of receipt. Under no circumstances can Suplemint be held liable for non-compliance with the legislative and regulatory provisions in force in the country of receipt.
In any event, if Suplemint's liability were to be established due to damage suffered by the Client, it shall be irrevocably limited to the amount of the Order paid by the Client.
ARTICLE 12 – PERSONAL DATA
The personal data of Clients is collected by Suplemint when placing an Order on the Site, in order to ensure the processing of the Order as well as the management of the Client relationship.
Suplemint complies with applicable regulations regarding personal data protection, particularly the provisions of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, and strives to handle personal data diligently and confidentially.
The use of Clients' personal data by Suplemint is detailed in the "personal data protection policy."
ARTICLE 13 – NON WAIVER
The fact that one of the parties to these GTC has not demanded the application of any clause, either permanently or temporarily, shall in no way be considered as a waiver of the rights of that party arising from said clause.
ARTICLE 14 – PARTIAL NULLITY
The provisions that make up these GTC are not indivisible. Consequently, if one or more provisions of these GTC is (are) deemed invalid under a law, regulation, or as a result of a final court decision, the other provisions will continue to have their normal effects.
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTION
These GTC are subject to Belgian law.
The French version of these T&Cs is authoritative, and any translation of these T&Cs is provided for informational purposes only.
In the event of a dispute arising regarding the validity, execution, or interpretation of these GTC, the use of the Site, or the fulfillment of an Order, the Client agrees to cooperate in good faith with Suplemint to find an amicable solution, by email at the address: info@suplemint.com.
In the absence of an amicable solution, the dispute will be submitted to the competent Belgian court.
WITHDRAWAL FORM – SUPLEMINT
For the purpose of exercising your right of withdrawal in accordance with the Suplemint General Terms and Conditions of Sale, we kindly ask you to complete and return this form as follows:
By postal mail: Suplemint S.R.L
36, Chemin des Ornois – 1380 Lasne
Belgium
By email: info@suplemint.com
NAME (*) ……………………………………………………………………………………….
FIRST NAME (*) ……………………………………………………………………………………….
ADDRESS (*) ……………………………………………………………………………………….
ORDER NO (*) ……………………………………………………………………………………….
Hereby notifies, through this form, their intention to withdraw from the contract concerning the sale of a product concluded with Suplemint.
DATE AND SIGNATURE (*)
(*) Mandatory Fields.