Terms of service

GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

NOTE

Please carefully read these General Terms and Conditions for Online Sales before purchasing any one of the offered products or services.

1. Preamble

The URL www.metabolance.comis the website of Claudia Kaiser, independent Business Owner under Belgian law (BE0841438772) having her registered office at Av. Milcamps 138, 1030 Brussels, Belgium (telephone: + 32 477 75 92 85 – e-mail: info@metabolance.com).

Claudia Kaiser offers Nutritional Coaching Programs and Personal Consultations, as well as a carefully selected portfolio of fresh & non-fresh food and sustainable Non-Food products. Most products and services can be purchased directly online, but also offline. Certain products are not sold directly via the Metabolance website, but link the Customer to a partner’s/affiliate's sales page.

These General Terms and Conditions are binding upon both, Claudia Kaiser and the Customer.

Ordering any one of Claudia Kaiser’s products or services automatically entails acceptance of her General Terms and Conditions for Sales. Claudia Kaiser can adapt or change these general terms and conditions at any time and without further announcement. Every purchase after the change implies the acceptation of those new terms and conditions by the Customer.

2. General

These General Terms and Conditions for Online Sales apply to private individuals acting for non-commercial purposes. A Customer carrying out a purchase hereby certifies that he/she is legally qualified to carry out such a transaction.

The Customer agrees that electronic communication and back-ups can serve as proof of any transaction or process.

3. Right of withdrawal

In accordance with the Belgian law of 6 April 2010, a Customer who is a retail consumer, i.e. a non-professional private individual, is entitled to notify the company that he wishes to cancel his purchase, without being required to pay a penalty or provide justification, within 14 calendar days of the day following the date on which the product is delivered.

In order to exercise his right of return for a product which he finds unsatisfactory, a Customer shall be under the obligation to contact us either by telephone (+ 32 477 75 92 85) or e-mail (info@metabolance.com) and be able to present a purchase proof upon request.

A product found unsatisfactory by a Customer shall be returned to us within 20 calendar days following the date on which the product is delivered. The product has to be in a perfect state of cleanliness, entirely intact and in its original packaging. If a product is returned to us in accordance with the above-mentioned requirements, then the Customer shall be reimbursed the purchase price. In such case, however, the costs associated with returning the product shall be borne by the Customer.

Once the legally-stipulated timeframe of 14 days has lapsed the delivery shall be deemed to have been irrevocably accepted by the Customer.

In accordance with article 46, §4 of the law of 6 April 2010, the consumer cannot use his right of withdrawal for the following products/services:

  • Services that have already (completely or partially) been provided before the end of the 14 days period.
  • Tailor-made articles based on the client’s specifications or personalised items that – because of their inherent nature – cannot be resold or that would deteriorate rapidly.
  • Audio ou video files that have been downloaded by the client. 
  • Journals, newspapers or magasines;


In those specific cases, the client cannot return the product nor ask for reimbursement.

4. Ordering

To place an order, a Customer must use the order form available on the website.

By placing an order, the Customer declares that he/she has read and accepted these General Terms and Conditions. In fact, by placing an order, he/she submits a purchase offer for the product or service he/she has selected. Claudia Kaiser reserves the right to accept or reject such offer without needing to provide any justification.

The Customer shall be asked to provide certain personal information (name, address, e-mail, gender, age, delivery information, payment method), indicate the products or services he/she has selected in the wished quantities and verify his/her order before validating it. By confirming the order the Customer formally accepts all the transactions carried out through this website.

An order confirmation e-mail shall be automatically sent to the Customer to inform him/her that his/her order has been submitted.

Orders for fresh food for delivery on Friday of a given week close on the preceeding Monday, 10:00. All orders received after Monday, 10:00 will in principle have to wait for the week after. However, you can always contact Claudia Kaiser per email (info@metabolance.com) to check if there is still a possibility to serve you earlier.

If a product /service which has been ordered is not on stock and stocks cannot be replenished before the next delivery day or if a product/service is no longer available in the portfolio, Claudia Kaiser will inform the Customer of such situation by e-mail as rapidly as possible.

Despite the fact that the information on the website is composed with utmost care, it is still possible that the information is incomplete or not up-to-date. Claudia Kaiser will not be held liable for any of such shortcomings.

5. Prices

Prices are specified per product on the website. The ultimate weight of the delivered product (e.g. in the case of vegetables or meat) might slightly vary (usually not more than +/- 10%). In both cases - the case that you get more quantity and in the case that you get less quantity than indicated - the price remains the same. The total price of your order is indicated in the « basket » and can be verified before confirming the order. Prices are also indicated on the invoice. They are inclusive of VAT at the applicable rate. Shipping expenses are not included in the price, but may apply as indicated below depending on the way of delivery and total order amount.

Discounts and promotions can be given temporarily or on a standard basis depending on certain criteria. Customers buying during the promotion period or Customers fulfilling the discount criteria will receive the discount indicated at that point in time. Claudia Kaiser reserves the right to change discount criteria or start and stop promotions at any time without justification.

Nutrition Services are not reimbursed by health insurance since Claudia Kaiser is not an officially registered dietitian in Belgium.

6. Payment

Only paid orders are delivered. The products or services selected can be paid for in the following ways:

  • Bank transfer: Have to be received before delivery on Friday.
  • PayPal for pick-ups, post deliveries and services. Plus 5% service fee.
  • Cash: Only for orders of food & non-food items being collected at the shop or face-to-face Nutrition Services.
  • Eco-Checks: Only for orders of food & non-food items being collected at the shop.

7. Delivery / Shipping

 

Article Group

Way of Delivery

Delivery Cost

Delivery Date

Nutrition Services

Confirmation/Instructions per e-mail. Choice between face-to-face or virtual service

FREE

after payment has been received

Fresh Food

Pick-Up at Metabolance Shop, Av. Milcamps 138, 1030 Brussels

FREE

Fri 16-19h

Storable Food & Non Food

Pick-Up at Metabolance Shop

FREE

Fri 16-19h

Storable Food & Non Food

Post Delivery

depends on final package weight and country (see below)

2-10 days after receiving the payment

Dropshipping Items

Post Delivery directly from the supplier or Pick-Up at Metabolance Shop

depends on producer

3-6 days after your order

Vouchers

Post or Pick-Up at Shop

FREE

depends on way of delivery

 

Nutrition Services are confirmed by e-mail. Depending on the service, the customer than either takes an appointment for a face-to-face consultation or for a virtual consultation. Cancelations of appointments should be communicated as soon as possible. Cancelations for conferences & events are possible up to 1 week before the event (with full refund of your money). Any cancelations received afterwards, cannot be refunded (but you might sell your seat to someone else).

Fresh food, storable food, non-foodcan be picked-up at the Metabolance shop on Fridays between 16:00-19:00. No delivery costs apply in this case. It is the responsibility of the customer to pick his order up on time. If for any reason the customer is not able to pick up his delivery or to have someone else pick it up during the indicated hours, he has to let this know as early as possible. In the case of non-fresh products, the customer has to wait until the Friday of the following week to get his order. In the case of fresh, perishable produce, Claudia Kaiser will do her utmost best to provide an alternative delivery option, without having any obligation to do so. Should that not be possible within a reasonable time frame (1-2 days), the customer will lose his order.

Storable Food and Non-Food as well as vouchers for Nutrition Services can also be delivered per post in Belgium, the Netherlands, Luxemburg, France, the UK and Germany (other countries upon request). If necessary, orders can be split in several deliveries. Delivery costs apply as follows:

  • Belgium (incl. Brussels):
    • 4,95 € for orders <10 kg
    • 6.95 € for orders 10-30 kg
    • 13,50 € for orders 30-60 kg
  • Germany:
    • 8,50 € for orders <10 kg
    • 10,50 € for orders 10-30 kg
    • 20 € for orders 30-60 kg
  • Netherlands:
    • 7,90 € for orders <10 kg
    • 10,50 € for orders 10-30 kg
    • 20 € for orders 30-60 kg
  • Luxemburg:
    • 9 € for orders <10 kg
    • 14,90 € for orders 10-30 kg
  • France:
    • 12,50 € for orders <10kg
    • 22 € for orders 10-30 kg

The products and/or services that have been ordered and paid for shall be shipped to the delivery address indicated on the order confirmation. In order to minimize the impact of the delivery on the environment and to avoid unnecessary loss of time for both, the delivery partner and the Customer, it is recommended to have the order shipped to an address where someone can actually accept it during the day (e.g. home address, work address, friend’s address, neighbor) .

The property rights and risks associated with the products ordered (loss, damage) shall be transferred upon delivery of the paid goods. Any case of visible damage and/or qualitative deficiencies of a product or other deficiencies at the time of delivery, has to be reported immediately in order to avoid loss of any reclamation right.

Claudia Kaiser shall make all reasonable efforts to fulfill her obligations within the framework of this contract. However, she shall not be held liable for any loss or damages if the Customer is delayed in fulfilling an obligation (e.g. payment on time, not being able to receive the delivery) or due to a shortcoming attributable to external factors beyond her control.

If you have specific questions about your delivery, e.g. pack sizes, varieties, availability or the delivery date, please contact Claudia Kaiser per phone (+32 477 75 92 85) or e-mail (info@metabolance.com).

Without any need for justification, Claudia Kaiser is entitled to adapt the delivery date, to split deliveries or to link other terms & conditions to a delivery.

When you order a service (e.g. Metabolic Screening, Metabolic Typing Program or personal coaching time), you will get a confirmation e-mail with further instructions on how to proceed. You also find this information in the service description on the website or in the FAQ's.

8. Guarantees

a. Legal Guarantee

In accordance with the Belgian Law of 21 September 2004 concerning the protection of the consumer during the purchase of consumer goods, every product (except for products with a short shelf-life, such as food) is subject to the legal guarantee from the date of the purchase. In order to claim a guarantee, the customer needs to contact Claudia Kaiser (or directly the producing company) and present his/her proof of purchase, before sending the product in at his cost (might have to be sent directly to the manufacturer). Every deficiency has to be reported within 1 month after notification. After that, any right of reparation or change is lost.

b. Commercial Guarantees

On top of the legal guarantee, some companies might offer extended commercial guarantees for their products. More information on the guarantee conditions and how to demand it is usually supplied with the product.

The (commercial and/or legal) guarantee is never applicable for defects resulting from accidents, neglect, unusual or incorrect usage, changes to the product or bad maintenance. Neither is it applicable for articles with a short shelf-life, such as food.

Defects manifesting themselves after a period of 6 months following the date of purchase or the date of delivery respectively, are considered not to be disguised defects, unless contrary proof of the consumer.

The guarantee cannot be transferred to another person.

9. Disputes, applicable law and jurisdiction

Claudia Kaiser shall make all reasonable efforts in an attempt to amicably settle any disputes in a rapid and efficient manner.

However, should a dispute give rise to legal action, it is hereby agreed that such legal action, as well as this contract and the order, shall be subject to Belgian law. In this connection, the courts of Brussels shall have sole jurisdiction in settling the dispute at hand.

Claudia Kaiser does not assume product liability nor can she be held liable for material mistakes or mistakes in the layout or printing of the product packaging.

The European commission is currently creating a platform for online dispute resolution. The link to this platform will be posted here once the platform is online.

10. Severability

If any one of the provisions in these terms and conditions is declared null or void, then this shall not have any impact whatsoever on the validity of the other provisions.

If the application of any one of the provisions in these terms and conditions is not deemed necessary by Claudia Kaiser in a concrete case, this shall not have any impact whatsoever on the validity of this very provision in other cases.

The Customer hereby acknowledges having read, understood and accepted these General Terms and Conditions.

PRIVACY

1. Guarantee

Claudia Kaiser warrants that she shall handle your personal information in a strictly confidential manner and in accordance with national and international laws including the Belgian law of 8 December 1992 on the protection of privacy as modified by the law of 11 December 1998.

2. Information collection

Claudia Kaiser collects the following personal information:

  • Information on how you use this website (e.g. which sites you visit for how long, which products you looked at)
  • Information you provide during registration for this website and/or the newsletter (name, gender, age, e-mail, Metabolic Type if applicable)
  • Information you provide during the ordering and payment process (address, telephone, bank account number)
  • Information you send to us via the website, e-mail or any other means of communication (questions, remarks, suggestions, complaints…

If you enroll in any Nutritional Program, the following information might also be collected:

  • Health related information (diseases, medication you take, health problems in the present or in the past)
  • Your size and weight
  • Any information you provide in the context of the anamnesis, determination of your Metabolic Type or coaching sessions.

3. Purpose of Information Collection

Your personal information is stored in files administered and protected by Claudia Kaiser.

In providing Claudia Kaiser with your personal information you allow her to use this information for the following purposes:

  • Administration of the website
  • Personalization of the website for you
  • Allowing you to log-in to your personal area of the website
  • Suggest you products or services
  • Realization of the purchase order, incl. delivery
  • Managing the Customers’ database
  • Improving the quality of services provided
  • Information about new products, services or promotions
  • Correspondence of any kind
  • Collection of payments

You may, at any moment and without any need for justification, refuse the usage of your personal information. Either inform Claudia Kaiser by e-mail (info@metabolance.com) or make use of the available opt-out options (e.g. in the newsletter).

4. Cookies and Statistics

Claudia Kaiser might use cookies, a type of file created by a website and saved on your computer. This file contains information which can be consulted during subsequent visits to the same website, but it cannot be read by a website other than the one which created it. Claudia Kaiser might use cookies for administrative purposes to e.g. record your preferences for certain types of products, services or information and your log-in, which will prevent you from having to type in the same information every time you visit this website. Cookies created by this website do not contain any information which can be used to contact you by telephone, e-mail or post. It is possible to configure your web browser in a way to inform you every time a cookie is created, to block the creation of cookies or to delete all cookies.

Claudia Kaiser also keeps track of anonymous visitors’ statistics in order to evaluate customer behavior and to know to what extent each site is visited.

5. Other websites and Social Networks

This website contains links to social media, such as Facebook, You Tube or Twitter and to third party partner websites, such as amazon or other advertisers. Claudia Kaiser is not responsible for the content of those sites (except for her own Facebook Page) or the way they handle your personal information. However, you should be aware that those websites may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers.

6. Publication and disclosure of your personal information

Claudia Kaiser may be required to disclose your personal information on request by the authorities or to comply with any applicable laws or regulations. She shall never disclose, let or sell your personal information to commercial third parties.

7. Your rights

Claudia Kaiser is responsible for processing your personal information.

Any questions concerning your personal information may be submitted via post (Av. Milcamps 138, 1030 Brussels, Belgium), telephone (+ 32 477 75 92 85) or e-mail (info@metabolance.com).

For general inquiries regarding the protection of privacy, please contact the Commission for the Protection of Privacy at the Belgian Federal Public Service Justice.

You may at any time request that any inaccurate, incomplete or non-relevant information be rectified or deleted. This request has to be dated, signed and sent by post to Claudia Kaiser (Av. Milcamps 138, 1030 Brussels, Belgium). You have to add a copy of your identity card to the letter. A copy of your updated personal information shall be provided to you within 45 days following the receipt of your request.

You are responsible for protecting your log-in and password from unauthorized usage. Your password is saved in an encoded way. Claudia Kaiser has no access to your password.

8. Updates

Claudia Kaiser may update this privacy policy. In this case, she will not only post the new version on her website, but also put a link to the new privacy statement on her homepage.

9. Contact

Please contact Claudia Kaiser if you are of the opinion that this website is violating your privacy (info@metabolance.com). She will take all reasonable measures to indentify and rectify the problem.